CEDHPRESS;HEARINGS;ENG
CEDH · PRESS;HEARINGS;ENG — 29 mai 2000
- ECLI
- ECLI:CEDH:003-68124-68592
- Date
- 29 mai 2000
- Publication
- 29 mai 2000
droits fondamentauxCEDH
Source : DILA / Judilibre · open data
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.s800EAC49 { font-size:12pt } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .s29100277 { font-family:Arial; font-weight:bold } .sA1D3DA2E { margin-top:0pt; margin-bottom:0pt; text-align:justify } .s44EC9D0F { width:404pt; display:inline-block } .s40F41F73 { margin-top:0pt; margin-bottom:0pt; text-align:right } .sBB9EE52A { font-family:Arial } .sA36B60A1 { font-family:Arial; font-style:italic } .s76CF415B { page-break-before:always; clear:both } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .s7ED160F0 { text-decoration:none } .s33165EBA { font-family:Arial; font-size:8pt; vertical-align:super; color:#0069d6 } .sD35C6159 { width:1.54pt; display:inline-block } .sF9A986A5 { width:12.2pt; display:inline-block } .sCB27B9E { width:16.66pt; display:inline-block } .sC5412BEF { width:51.05pt; display:inline-block } .sF6A12959 { width:33%; height:1px; text-align:left } .s2EB42ED2 { margin-top:0pt; margin-bottom:0pt; font-size:10pt } .s653E6C45 { font-family:Arial; font-size:6.67pt; vertical-align:super; color:#0069d6 } EUROPEAN COURT OF HUMAN RIGHTS     389 29.5.2000   Press release issued by the Registrar   HEARING IN THE CASE OF HASAN AND CHAUSH v. BULGARIA   Monday, 29 May 2000 at 9 a.m.   The applicants   The case concerns an application brought by two Bulgarian nationals, Fikri Sali Hasan and Ismail Ahmed Chaush, who were born in 1963 and 1940 respectively and live in Sofia. The first applicant used to be the Chief Mufti of the Bulgarian Muslims. The second applicant is a Muslim believer and Islamic teacher.   Summary of the facts   On 19 September 1992 a national conference of Muslim believers elected Mr Hasan as Chief Mufti of the Bulgarian Muslims along with a Supreme Holy Council, and adopted a new statute. The Directorate of Religious Denominations (Direktzia po veroizpovedaniata ), a government agency, registered the new statute and leadership. However, Mr Hasan’s predecessor Nedim Gendzhev, and his supporters, claimed that he remained Chief Mufti. This gave rise to a leadership dispute.   Throughout 1993 and the first half of 1994 the Directorate of Religious Denominations officially recognised Mr Hasan and the Supreme Holy Council elected in 1992.   However, on 22 and 23 February 1995 the Government issued decisions registering a new leadership and statute adopted by Mr Gendzhev’s rival faction.   On 27 February 1995 Mr Hasan’s staff were forcefully evicted from their offices in Sofia by private security guards led by the newly-registered leaders. His request for assistance to the prosecution authorities was rejected, on the ground that the new occupants of the building were the legitimate representatives of the Muslim community, and his appeal to the Supreme Court against the decisions of 22 and 23 February 1995 was also dismissed.   In 1996 and 1997 the Supreme Court twice granted Mr Hasan’s appeals against the refusal of the Government to register changes in the statute and leadership of the Muslim community led by him. The Council of Ministers refused to comply, however, noting it had already registered the Muslim community’s leaders.   The leadership dispute continued until a unification conference was held in October 1997.         Complaints   The applicants complain under Articles 9 (freedom of religion) and 11 (freedom of assembly and association) of the European Convention on Human Rights that there has been an unlawful and arbitrary interference with their religious liberties and the right of the believers and the religious community to govern their own affairs and to choose their leadership. They also complain: under Article 6, that they did not have a hearing before a tribunal; under Article 1 of Protocol No. 1 (protection of property), that they have been deprived of their possessions; and, under Article 13, that they did not have an effective remedy against the alleged violations of their rights.   Procedure   The application was lodged with the European Commission of Human Rights on 22 January 1996 by four applicants. Having declared the application admissible, and following its report of 17 September 1998 striking out the complaints of the Chief Mufti Office and another applicant, the Commission adopted a report on 26 October 1999 in which it expressed the unanimous opinion that in respect of the remaining two applicants there had been violations of Articles 9 and 13 of the Convention, that it was not necessary to examine separately the complaint under Article 11 and that there had been no violations of Article 6 and Article 1 of Protocol No. 1 to the Convention. The Commission referred the case to the Court on 30 October 1999.   Composition of the Court   The case will be heard by the Grand Chamber composed as follows:   Luzius Wildhaber (Swiss), President , Jean-Paul Costa (French), Antonio Pastor Ridruejo (Spanish), Giovanni Bonello (Maltese), Jerzy Makarczyk (Polish), Pranas Kūris (Lithuanian), Riza Türmen (Turkish), Françoise Tulkens (Belgian), Viera Strážnická (Slovakian), Marc Fischbach (Luxemburger), Volodymyr Butkevych (Ukrainian), Josep Casadevall (Andorran), Hanne Sophie Greve (Norwegian), András Baka (Hungarian), Rait Maruste (Estonian), Snejana Botoucharova (Bulgarian), Mindia Ugrekhelidze (Georgian), judges , Luigi Ferrari Bravo [1] (Italian), Egils Levits (Latvian), substitute judges ,   and also Maud de Boer-Buquicchio , Deputy Registrar .   Representatives of the parties   Government:   Violina Djidjeva , Co-Agent ,   Applicants:   Yonko Grozev , Counsel .   The applicants, Mr Hasan and Mr Chaush, will also attend the hearing.   ***   After the hearing the Court will begin its deliberations, which are held in private. Judgment will be delivered at a later date.   Registry of the European Court of Human Rights F – 67075 Strasbourg Cedex Contacts:   Roderick Liddell (telephone: (0)3 88 41 24 92)   Emma Hellyer (telephone: (0)3 90 21 42 15) Fax: (0)3 88 41 27 91   The European Court of Human Rights was set up in Strasbourg in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights. On 1 November 1998 a full-time Court was established, replacing the original two-tier system of a part-time Commission and Court. [1] Judge elected in respect of San Marino.Citations
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Synthèse
- Juridiction
- CEDH
- Chambre
- PRESS;HEARINGS;ENG
- Date
- 29 mai 2000
- Matière
- droits fondamentaux
Référence
ECLI:CEDH:003-68124-68592
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