[size=55:nkkygvot]novinite 27 July 2010

European Court of Human Rights Fines Bulgaria EUR 55 000

The European Court of Human Rights (ECHR) has ruled that Bulgaria should pay EUR 55 116 over eight different claims.

Bulgaria will have to pay Dimitar Gerdzhikov EUR 6 400 for non-pecuniary damages and EUR 600 for the trial expenses. In 1994 Gerdzhikov started an investigation case over mismanagement, which was suspended 10 years later due to the expiration of the limitation period.

The European Court has also upheld the appeal of Ali and Zoya Raza, a Pakistani citizen and his Bulgarian wife. In the end of 2005, Ali Raza was ordered to leave the country and in 2006 he was detained for 2 years and 7 months in a special center for temporary accomodation of foreigners.

According to the court's ruling, the implementation of the deportation order would violate the right to respect private and family life, and the duration of his detention, as well as the delayed judicial control for the appeal have been an interference of public authorities in the field of family life.

The Raza family will receive a compensation of EUR 5 500 for non-pecuniary damages and EUR 1 200 for trial expenses.

Bulgaria will have to pay F.G. EUR 2 400 for non-pecuniary damages and EUR 600 for expenses.

In 1997, F.G. was deprived of his international passport and was forbidden to leave the country due to an instituted inquiry against him. Eight years later, the investigation was terminated due to lack of evidence.

Same violations have been established in the case of Maria Ivanova, who brought a civil action for partition in 1997, but the case was terminated eight years later. ECHR has decided to compensate her with EUR 1 000 for non-pecuniary damages and expenses.

Bulgaria has been ordered to pay EUR 4 000 to Svetoslav Getzov, who has been deprived of his right to freedom and security.

Getzov has been diagnosed with a psychiatric disease and three years later his neighbors approached the court. After Getzov failed to come to the trial, the court has ruled his hospitalization.

The appeal of the “Business center for helping small and medium enterprises” has been for violation of the right of ownership, on which Bulgaria has been ruled to pay a compensation of EUR 6 542 for non-pecuniary damages and EUR 656 for trial expenses.

The holding has signed a contract with the municipality of the Bulgarian city of Ruse for using for free municipality properties for a period of 10 years. The buildings have been renovated but a later audit has ordered a tax fine, whereby paid VAT cannot be deducted to the company.

Paraskeva Todorova's appeal over violated right of discrimination has also been upheld by ECHR. In 2005 she was convicted over committing fraud and was sentenced to three years imprisonment.

According to Todorova, the district court has refused to postpone the implementation of the sentence because she comes from the Roma community, despite the fact that all the requirements for a suspended sentence have been present.

Bulgaria will have to pay Todorova EUR 5 000 for non-pecuniary damages, plus EUR 2 218 more for trial expenses.

EUR 19 000 will have to be paid to father and son Shishkovi over violated prohibition of torture. In 1999, the appellants were beaten by police officers near dam “Iskar” because of suspicions that they have been observing visitors of the dam. The attack has been sudden and unprovoked and has been done by armed officers who shot at the two.

ECHR has noted that bullying cannot be justified in any way in a democratic society. The investigation of the case has continues for four year, during which, according to ECHR, the authorities have been very formal, terminating the inquiry with the reason that there have been important procedure gaps.