European Court of Human Rights

“ In the Government’s view, Ilinden infringed the rights and freedoms of others because it aspired to create a Macedonian nation among people belonging to the Bulgarian nation and demanded the imposition of a Macedonian identity and institutions in the region of Pirin to the exclusion of all Bulgarian institutions. The handful of supporters of those ideas – some 3,000 in a region with a population of about 360,000 – had assumed the right to speak for the people.
Most importantly, the applicant association was a separatist group which sought the secession of the region of Pirin from Bulgaria. ”

“ The inhabitants of a region in a country are entitled to form associations in order to promote the region’s special characteristics. The fact that an association asserts a minority consciousness cannot in itself justify an interference with its rights under Article 11 of the Convention (see the Sidiropoulos judgment, loc. cit., § 44) .
90. Admittedly, it cannot be ruled out that an organisation’s programme may conceal objectives and intentions different from the ones it proclaims. ”

“ The fact that what was at issue touched on national symbols and national identity cannot be seen in itself – contrary to the Government’s view – as calling for a wider margin of appreciation to be left to the authorities. The national authorities must display particular vigilance to ensure that national public opinion is not protected at the expense of the assertion of minority views no matter how unpopular they may be. ”

“ In the 1992 census, only 3,019 Bulgarian citizens identified themselves as Macedonians and indicated Macedonian as their mother tongue. Another 7,784 declared themselves Macedonians in the geographical sense, while allegedly indicating their Bulgarian national conscience and mother tongue. Individuals considering themselves Macedonians are far from being discriminated against in Bulgaria. They have their own cultural and educational organisation, Svetlina. There are books and newspapers in the ‘Macedonian language’”. ”

“ Even if a Macedonian minority existed in Bulgaria – the Government continued – the means and propaganda tools used by Ilinden were not aimed at protecting the rights of such a minority, but at converting the Bulgarian population into a Macedonian one and then separating the region from the country.
73. In the context of the difficult transition from totalitarian regimes to democracy, and due to the attendant economic and political crisis, tensions between cohabiting communities, where they existed in the region, were particularly explosive. The events in former Yugoslavia were an example. ”

“ It might have been true that the majority of the Bulgarian population considered that there was no Macedonian minority in their country and that the demonstration of the applicants’ ideas could shock and appear offensive to that majority. It was however essential, in a pluralist democratic society, to allow the free expression of minority ideas and it was the duty of the authorities to guarantee the applicants the right to demonstrate peacefully. ”

“ The judgment of the Supreme Court of 11 March 1991 stated inter alia: “ [T] he lower courts correctly established that the aims of the [applicant association] under its statute and programme were directed against the unity of the nation... [The material in the case] demonstrates that the [applicant association] seeks to disseminate the ideas of Macedonianism among the Bulgarian population, especially in a particular geographical area. [Those ideas] presuppose the ‘denationalisation’ of the Bulgarian population and its conversion into a Macedonian population.... ”

“ In a democratic society based on the rule of law political ideas which challenge the existing order and whose realisation is advocated by peaceful means must be afforded a proper opportunity of expression through the exercise of the right of assembly as well as by other lawful means.
98. The Court finds, therefore, that the probability that separatist declarations would be made at meetings organised by Ilinden could not justify a ban on such meetings. ”

“ In 1878, when Bulgaria was partially liberated from Turkish dominance, the Berlin Peace Treaty left the region of Macedonia within the borders of Turkey. Between 1878 and 1913 the Bulgarian population of Macedonia organised five unsuccessful uprisings seeking liberation from Turkish rule and union with Bulgaria. There followed massive refugee migrations from the region to the Bulgarian motherland. Hundreds of thousands of Macedonian Bulgarians settled in Bulgaria. ”

“ The appeal also stated:
“ [...] being conscious of the contemporary economic and political realities in the Balkans, Europe and the world, we are not acting through confrontation, tension or violence. Our way to achieve enjoyment of our rights as a Macedonian ethnic minority in Bulgaria and in Pirin Macedonia, where our ethnic and historical roots lie, is through peaceful means and negotiations... Our peaceful and lawful means [...] are to the advantage of the authorities who [...] deny the existence of a Macedonian minority. ”

“ The Law on Meetings and Marches was adopted in 1990, when the Constitution of 1971 was in force. Under the Constitution of 1971 the executive local state organs were the Executive Committees of the district People’s Councils. The mayors referred to in some of the provisions of the Law on Meetings and Marches were representatives of the Executive Committee acting in villages and towns which were under the jurisdiction of the respective People’s Councils. ”

“ In 1934 the so-called ‘Macedonian nation’ was proclaimed for the first time by a resolution of the Communist International. Before that no reliable historical source had ever mentioned any Slavic population in the region other than the Bulgarian population. After the Second World War the Communist power in Yugoslavia proclaimed the concept of a separate Macedonian nation. ”

“ In the Court’s opinion, there is no indication that the applicant association’s meetings were likely to become a platform for the propagation of violence and rejection of democracy with a potential damaging impact that warranted their prohibition. ”

“ The fears were based on past experience: there had been a number of previous incidents at events organised by Ilinden, and their attitude was characterised as “provocative” (see paragraph 17 of the judgment) . That last element was of crucial importance as it meant that the authorities were convinced that Ilinden supporters might seek to provoke disorder and clashes. What is at issue in this case, however, is the freedom of peaceful assembly. ”

“ Those statements which could be interpreted as calling for violence or rejection of democracy appear isolated against the background of all material in the case. Moreover, since various persons and groups associated with Ilinden had divergent views, not all the material cited necessarily reflected ideas and goals that dominated the applicant association’s agenda. ”