European Court of Human Rights Expedites Applications of Alternative Orthodox Synod Priests Against Bulgaria

June 20, 2005

(Strasbourg, France)-The European Court of Human Rights has expedited the admissibility process regarding the claims of dozens of Alternative Orthodox priests against Bulgaria for seizing their churches last July without judicial hearings. The takings were punctuated by police beatings of priests, bystanders and media.

The history of the dispute began in 1992, when a split occurred in the Bulgarian Orthodox Church. A sizable segment of the priesthood and hierarchy felt that the current Patriarch, Maxime, did not do enough to fight communism during its tenure in Bulgaria. They also felt, that by 1992, he was still too closely aligned with the government of Bulgaria, which despite the fall of Communism in other European States, seems to continue to be strongly aligned with the Russian Federation.

As such, in 1992, those members of the Bulgarian Church who felt that Maxime had been appointed to his position by the government and therefore not the licit Patriarch of the Bulgarian Orthodox Church, elected their own Patriarch. They kept the churches they had felt were their own, and in the past several years have built their own churches using their own funds.

There is absolutely no difference in the doctrine among the two churches. The priests attended the exact same seminaries as well. The sole point of contention is who the rightful patriarch is in Bulgaria-thus it is really a matter of political ideology with one side representing democracy and the other the old communist way.

As ECLJ representatives were told by a believer in the Bulgarian Orthodox Church, they felt comfortable attending either service: alternative or BOC. They expressed that the lay faithful on either side of the Orthodox Church wished for a quick resolution and felt that the AOC was being treated unfairly.

Three years ago, July 21, 2002, a priest in the Alternative Orthodox Church was beaten and killed by several priests from the BOC. His murder was never prosecuted. Two years to the day, July 21, 2004, at the same hour throughout the country, police raided 250 AOC Churches, at times forcefully dragging out priest and beating them. Those churches remain under police guard. The AOC priests continue to function by having services outdoors, which also serve as protests.

The raids were done under the auspices of the 2003 Law of Religions. They were ordered by the Prosecutor's office without court warrant, and followed through on by the police. The 38th Parliament of Bulgaria, prior to passing the Law of Religions in 2002, submitted a copy of the proposed text for expert analysis by the Council of Europe. 3 such opinions were sought regarding the law, and 3 reports were returned stating that the text had serious differences with the principles of the European Commission for Protection of Human Rights and Social Freedoms. Despite this, the 39th Parliament deposited as its first bill the proposed Law of Religions.

ECLJ is currently working with the Bulgarian representative of the priests for a speedy resolution to the case, and a return of the churches back to their rightful owners. Patriarch Maxime has been added to the case as an interested third party defendant. Replies to written observations by the parties are pending at the request of the Court.