32
Europe and Central Asia
Summary of Amnesty International’s Concerns in the Region, January – June 2007
case Musa and others v. Bulgaria. The case
involved Ahmad Naim Mohammed Musa, a
Jordanian national of Palestinian descent,
who obtained a residence permit in 1994
following his marriage to a Bulgarian
national. On 25 May 2000, he was informed
that his permanent residence permit was
being withdrawn, on grounds of state
security, and told to leave Bulgarian
territory within 10 days. Ahmad Naim
Mohammed Musa was not informed of the
factual grounds on which the order had
been based, but was told that no appeal
was possible against it. He nevertheless
submitted appeals to the Ministries of
Justice
and
Interior,
the
General
Prosecutor’s Office and the Bulgarian
President, which all were dismissed. The
Sofia Court declared his appeal inadmissible
in September 2001.
Ahmad Naim Mohammed Musa was
detained on 4 August 2000 and held at the
Sofia detention centre until 6 August 2000,
when he was expelled by the Bulgarian
authorities to Jordan. AI expressed concern
at the time that the decision of the
Directorate of National Police to expel him
from Bulgaria was arbitrary and in violation
of international human rights standards
The ECtHR noted that it had already held
that an expulsion carried out in application
of the 1998 Bulgarian Law on Foreigners
did not meet the requirement of lawfulness
on account of the absence of sufficient
guarantees
against
arbitrariness.
The
ECtHR also considered that, where matters
touching on fundamental human rights
were concerned, the national legislation
would run counter to the rule of law if, as in
the
present
case,
the
margin
of
appreciation granted to the executive was
unlimited. As the Bulgarian Supreme
Administrative Court (SAC) did not amend
its case-law in this matter until 2003, the
ECtHR noted that the interference in the
applicant’s right to respect for his family life
had not been “in accordance with the law”.
Hence, it concluded unanimously that there
had been a violation of Article 8. The ECtHR
further noted that, at the relevant time, no
judicial review was possible against a
withdrawal order of a residence permit on
Amnesty International
the grounds of national security. There was
no reversal of the case-law in this area by
the SAC until 8 May 2003. Thus, the ECtHR
concluded unanimously that there had been
a violation of Article 13. The applicants
were also awarded 1,500 Euros jointly for
costs and expenses by the ECtHR.
Policing concerns
In its annual report issued in March the
BCH noted that the use of firearms by law
enforcement officials continued to violate
international
standards
and
that
investigations into such use by law
enforcement officials remained inadequate.
The BHC also reported several cases of illtreatment by police officials, in particular
towards Roma.
CENTRAL ASIA
European Union strategy for Central
Asia
At the end of March Foreign Ministers of the
five Central Asian Republics -- Kazakstan,
Kyrgyzstan, Tajikistan, Turkmenistan and
Uzbekistan – met in Astana, Kazakstan,
with the Foreign Minister of Germany, the
holder of the six-month rotating European
Union (EU) Presidency, and other highranking EU officials, to discuss the EU’s
efforts to strengthen its relations with the
region. As the EU was developing a new
long-term strategy for its relations with
Central Asia - which it hoped to finalize and
adopt by the end of June - and more
attention was being focused on the region,
AI encouraged the EU to make human
rights and the rule of law key components
in its strategy and political engagement
with the Central Asian governments. The
organization urged the EU to impress upon
the governments of Central Asia the need
to undertake concrete steps to implement
and enforce legislative measures that would
provide effective and durable guarantees
for the protection of the human rights and
the dignity of all the people of Central Asia.
AI called on the EU and the governments of
AI Index: EUR 01/010/2007
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