˛. Presentation of the organization
The Association for European Integration and
Human Rights is a non-governmental human-rights organization
of jurists united by the idea to exercise law in the public
interest. It was founded on December 1, 1997 in Plovdiv and
registered as a ‘foundation’ for the implementation of socially
beneficial activity. For over ten years of its existence,
the Association has implemented a number of human-rights
oriented projects in the followings areas:
1.1. Conduct of cases in the public interest
aiming to bring about changes in legislation and overcome
the post-totalitarian practices in the activities of state
institutions.
1.1.A. The
main priority in this respect is the submission of applications
to the European Court of Human Rights in Strasbourg. The
legal experts of the Association for European Integration
and Human Rights have submitted more than 400 applications
by Bulgarian citizens. To date, 44 final judgments have been
delivered in favor of the applicants. The relatively small
number of final judgments is not due to legal unsoundness
of the complaints raised but rather to the great length of
procedures before the European Court, which usually take
6-7 years. Some of these judgments have contributed considerably
to setting the national legislation in conformity with international
human-rights standards (see the cases Nikolova v Bulgaria;
Ilijkov v Bulgaria; T. Yankov v Bulgaria, Ekimdzhiev and
Association for European Integration and Human Rights v Bulgaria).
1.1.B. The
cases in defense of people with disabilities against the
inaccessible architectural environment represent a special
emphasis in the Association’s human-rights protection activities.
For the first time in Bulgaria, even before the Antidiscrimination
Act was adopted, lawyers from the Association for European
Integration and Human Rights initiated some legal proceedings
before the national law courts and won the cases on behalf
of disabled people claiming compensation by state institutions
for the inaccessibility of town planning and architectural
environment. As a result of this human-rights breakthrough,
the larger Bulgarian towns and cities have started the construction
of architectural and communication facilities that facilitate
the access of people with disabilities to public buildings
and public transport services.
1.1.C. Another
successful project aimed at exercising civil control over
the unlawful acts and actions of administration, with a focus
on conducting cases before the Supreme Administrative Court
for rescission of sub-delegated normative acts. In the course
of the last four years alone, the Association has won about
20 cases concerning some important spheres of public life,
such as the price formation of energy sources, consumers’
rights, and the curricula and syllabi of Bulgarian schools.
Three decisions of the Supreme Administrative Court of July
18, 2002 caused a considerable public resonance. On the basis
of appeals lodged by the Association for European Integration
and Human Rights, these decisions rescinded some texts of
regulations by the Council of Ministers concerning the formation
of prices of heat energy, electricity and natural gas provided
by the energy companies, which are state monopolists in Bulgaria.
1.2. Providing free legal consultations
for socially vulnerable community members.
The Association for European Integration and Human Rights
has been implementing this activity on an on-going basis
over the last five years. So far, more than 1 800 people
have received legal consultations in the Association’s reception
bureau. Quite a few community members whose cases fell into
the priorities of the projects that were being implemented
at the time had the unique opportunity to be represented
for free by professionally motivated lawyers before national
institutions and/or the European Court of Human Rights in
Strasbourg.
1.3. Training and professional development
of practising jurists and journalists in the field of human
rights.
The training, conducted in the course of more than two years,
has made the Association a specific information center, an
institution providing methodological support and opportunities
for improving the professional qualification of lawyers.
The improvement of practicing jurists’ qualification is one
of the goals of the publishing activity described below.
1.4. With the financial support of the
Open Society Institute, the Association for European Integration
and Human Rights and Interights – London published the collection
‘Selected Judgements Delivered by the European Court of Human
Rights between 1996 and 2000’.
With the financial support of Open Society Foundation –
Sofia and COLPI – Budapest, the collection ‘Bulgarian Cases
Brought before the European Court and the European Commission
of Human Rights’ was published in 2002.
The Association for European Integration and Human Rights
publishes a specialized legal bulletin - ‘Legal Initiative’
– which creates a ‘tribune’ for voicing expert commentary
and criticism of judicial acts, practices and human-rights
issues of considerable public resonance.
1.5. In its work, the Association co-operates
with some Bulgarian and international human rights organizations,
such as the Bulgarian Helsinki Committee, Bulgarian Lawyers
for Human Rights, Interights – London, the UN High Commissioner
for Refugees, and others.
II. Implemented projects
2.1. Project for conduct of cases in the
public interest and rendering free legal consultations; realized
in the course of 4 successive years, 1998-2002; fully financed
by the Open Society Foundation in Sofia.
2.2. Project for civil control over actions
and acts of the administration, funded by the Democracy Commission
at the US Embassy in Sofia. The project focused on monitoring
the lawfulness of the normative acts issued by the executive
authorities and the conduct of cases before the Supreme Administrative
Court for rescission of some provisions of these acts which
are in contradiction with legal norms of a higher juridical
rank.
2.3. Project for exercising law in the
public interest, funded by Open Society Foundation – Sofia.
This was a one-year project that was completed on November
15, 2004. The project priority is the conduct of strategic
cases in the interest of the public and primarily the applications
lodged with the European Court in Strasbourg.
2.4. Project for civil control over actions
and acts of the administration, funded by the Balkan Trust
for Democracy. The duration of the project was approximately
a year (January 2005 - April 2006).
2.5. Project for institutional support
of human rights activities, financed by Open Society Institute
– Budapest. The cases that were within the framework of this
project concerned the new anti-discrimination law and also
the problems of citizens arose in their attempt to acquire
medical assistance of good quality. The duration of the project
was 2 years (2004 - 2006).
2.6. Project for civil control over the
functioning of the Bulgarian judicial system (‘.... And justice
for all’), funded by the Democracy Commission at the US Embassy
in Sofia. The duration of the project was one year (October
2005 - October 2006).
2.7. Project for civil control over actions
and acts of the administration, funded by the CEE Trust Funding.
The duration of the project is one year (August 2006 - July
2007).
2.8. Project for institutional support
of human rights activities, financed by Open Society Institute
– Budapest (˛˛). It is a continuation of the project described
in item 2.5. and the activities concern the application of
the Antidiscrimination act and problems of citizens concerning
their attempt to acquire medical assistance of good quality.
The duration of the project is 3 years, starting in March
2007.
III. Recent human-rights achievements
Far from being exhaustive, we are presenting some of our
recent human-rights achievements.
3.1. Article 4 Para.1 (1) of the Rules
on Admission of Students Majoring in Health Care for the
Academic Year 2003-2004, issued by the Medical University
(MU) in Plovdiv, was rescinded by virtue of Judgment No.
7667 of 10.07.2006 of the Supreme Administrative Court. The
undertaken human-rights activities were provoked by a concrete
issue. The management of MU-Plovdiv refused to accept the
application of a young girl, Mariela Yanakieva, who suffered
from deafness determined as a second degree of disability.
The refusal invoked Article 4 Para.1 (1) of the Rules and
the Appendix thereof, listing 17 different illnesses and
disorders when student applications for study at the university
were not allowed.
The management of the Medical University rejected the girl’s
application although she had finished one of the elite secondary
schools in town, with tremendous efforts, and had been studying
for months to get ready for the entrance exams. In its Judgment
of July 10, 2006, the Supreme Administrative Court recognized
the discriminatory nature of the provision in question and
rescinded it. This judgment is final.
3.2. The almost permanent lack of costly
medications for treatment of cancer in Bulgaria is particularly
dramatic. In that field, the case of Rossitza Shkodrova has
become emblematic.
The action was brought before the Plovdiv District Court
by Mrs. Rossitza Shkodrova against the Ministry of Healthcare.
Mrs. Shkodrova suffered from cancer which necessitated periodic
treatment with chemotherapy. One of the ingredients used
in chemotherapy procedures is the substance Calcii folinas which
must be provided by the Ministry of Healthcare and distributed
free of charge to those who need it. Nevertheless, the doctors
in charge explained to Mrs. Shkodrova in October 2004 that
there was a lack of Calcii folinas and that she
had to provide it herself if she wanted to continue her treatment.
Mrs. Shkodrova requested that the court put the Ministry
under the obligation to provide the necessary quantity of
medication and award her just satisfaction.
By Decision No. 94/02.06.2005, the Plovdiv District Court
granted Mrs. Shkodrova’s claims and sentenced the Ministry
to pay her 2000 BG levs in non-pecuniary damages and to provide
the medications needed for her continued treatment until
its end. This case has been the first one of this type in
Bulgaria. Its social significance and the neglectful attitude
of the Ministry of Healthcare to the treatment of one of
the most vulnerable social groups – cancer patients – triggered
a widespread public and mass media debate. As a result, the
Prosecutor’s Office of the Republic of Bulgaria commenced
an inspection procedure for the public tenders for procurement
of the costly medications which the Ministry of Healthcare
should distribute to the needy for free. In other cities,
cancer patients also brought similar actions. Civil protest
campaigns against the State policy of procurement and distribution
of the necessary medications were organized on several occasions.
As a result of this public pressure, the Minister of Healthcare
declared his willingness to effect radical changes in the
tendering procedures for procurement of the unavailable costly
medications.
An appeal against the decision in the case of Shkodrova
was submitted to the Plovdiv Regional Court by the Minister
of Healthcare. By Judgment of 24.02.2006, the appeal was
dismissed and the first-instance decision remained in force.
Meanwhile, Mrs. Shkodrova died, partially due to the delayed
treatment. Her case, however, has become a legal precedent
for Bulgaria and has led to a tangible modification of the
practices adopted by the courts and the Ministry of Healthcare
in the procedures of supplying medications to cancer patients.
3.3. With a Decision No 58/29.11.2006,
the Commission for protection against discrimination held
that “EVN Bulgaria Elektrorazpredelenie” joint-stock company,
specified in providing electricity, had imposed a discriminatory
electricity regime in the biggest Roma residential district
of Europe, called “Stolipinovo”. It is situated in the town
of Plovdiv and over 40 000 Roma live there.
During 2002 “Elekrtorazpredelenie” joint-stock company,
at that time owned by the State, imposes an electricity regime
in the neighborhood, because of unpaid duties of part of
the inhabitants. The regime is applicable to all of the people
regardless of the fact whether they have paid or not their
obligations. Such a regime was never implemented in other
residential districts of the city of Plovdiv. Thus, the company
implies different – worse conditions for the Roma people,
living in Stolipinovo.
Meanwhile, in the district of Stolipinovo, there are
also ethnic Bulgarians live. They do not have a regime,
despite the fact a lot of the inhabitants do not pay their
bills to the company. Therefore the Roma people are put
in a in a less favorable position compared to people of
Bulgarian ethnical origin, living in the same neighborhood.
Because of the situation described, the Association for
European Integration and Human Rights approaches the national
Commission for protection against discrimination with the
problem. By a Decision No 58/29.11.2006, the Commission held
that “the electricity regime, established at
the moment in the segregated on ethnical basis residential
districtof Plovdiv,
named Stolipinovo, represents an indirect discrimination
of ethnical basis as regards the concrete consumers of the
company, by which the norms of Article 4, paragraph 3 of
the Antidiscrimination Act are
being infringed as well as an administrative offence is accomplished,
according to Article 78, paragraph 1 of the Antidiscrimination
Act”.
3.4. On 28 June 2007 the European Court
of Human Rights held a fundamental Judgement, in which it de
facto said that the normative regime of collecting information
by special investigative measures in Bulgaria is contradictory
to Article 8 and Article 13 of the Convention. The application
was lodged by the Association of European Integration and
Human Rights and Mr. Mihail Ekimdjiev. According to the Court:
“1. Against this background,
the Court concludes that Bulgarian law does not provide
sufficient guarantees against the risk of abuse which is
inherent in any system of secret surveillance. The
interference with the Article 8 rights of the applicants
was therefore not “in accordance with the law” within the
meaning of paragraph 2 of that provision. This conclusion
obviates the need for the Court to determine whether the
interference was “necessary in a democratic society” for
one of the aims enumerated therein (see Malone, p. 37,
§ 82; Kruslin, p. 25, § 37; Huvig, p. 57, § 36; and Khan,
§ 28, all cited above).”
The cited Judgement means that all Bulgarian
citizens has the right to claim to be a potential victim
of a violation of the Convention as, in the existing national
law, there is no guarantees of abuse in either collecting
the information, its keeping or its use.
VI. Contact Information:
Address:
"Ŕssociation for European Integration
and Human Rights"
2 Khan Kubrat Street, fl.3, 4000 Plovdiv, BULGARIA
Ňel/fax: +359 32 26 40 97; +359 32 62 32 64
ĺ-mail address: hurights@mail.bg, ekimjiev@mail.bg
web-page: http://www.eurorights-bg.org/
Contact person:
Lawyer Katina Boncheva,
Manager of the Association for European Integration and Human
Rights
