Bulgaria: Violence against Roma, including by extremist groups; state protection and treatment by police (2013-October 2015)

Publisher Canada: Immigration and Refugee Board of Canada Publication Date 10 November 2015 Citation / Document Symbol BGR105323.E Cite as Canada: Immigration and Refugee Board of Canada, Bulgaria: Violence against Roma, including by extremist groups; state protection and treatment by police (2013-October 2015), 10 November 2015, BGR105323.E, available at: https://www.refworld.org/docid/565bf51d4.html [accessed 24 September 2020] Disclaimer This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.

1. Violence Against Roma

According to sources, Roma in Bulgaria are targets of ethnic violence (US 11 Feb. 2015; DW 6 Mar. 2014; Council of Europe 16 Sept. 2014, 9). According to Deutsche Welle (DW), Germany's "international broadcaster" (DW n.d.), Roma are the most frequently attacked ethnic group in Bulgaria (ibid. 6 Mar. 2014).

Sources state that in March 2013, a security guard shot and killed a Roma teenager who was allegedly attempting to steal scrap metal in Sofia (Novinite 2 Mar. 2013; DW 6 Mar. 2014). Sources further state that the security guard who was charged in the incident was released on bail in March 2014, resulting in demonstrations by minority groups and counter demonstrations by nationalist groups (MRG 2015; DW 6 Mar. 2014). As of March 2014, the case had not gone to trial (ibid.). Further information about the status of the case could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

According to Amnesty International (AI), in November 2013, a Roma man was attacked in Sofia by a group of eight or nine people (AI 2015, 18, 25). AI states that the police did not initially register the crime or launch an investigation until the Bulgarian Helsinki Committee (BHC), an NGO that protects and advocates for human rights (BHC n.d.), contacted the Sofia Regional Prosecution Office (AI 2015, 25). The same source further states that the investigation was ongoing at the time that the 2015 report was written (ibid., 18). Further and corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

According to sources, there was a conflict between Roma and non-Roma residents in the town of Garmen (BBC 21 July 2015; Sofia Globe 2 June 2015; OSF 28 July 2015) in May 2015 (BBC 21 July 2015; Sofia Globe 2 June 2015). According to the BBC, the mayor of Garmen stated that a group of Roma had been celebrating with loud music and when local residents complained, a "brawl developed and there were attempts to set fire to the Roma shacks" (BBC 21 July 2015). The Sofia Globe, an online media source providing "insight and analysis about Bulgaria, Central and Eastern Europe and the wider world" (Sofia Globe n.d.), reports that the violence led to "several injuries and arrests" (2 June 2015). Sources report that there were also protests demanding the demolition of "illegal" Roma homes in Garmen that took place in June 2015 in Garmen (Sofia Globe 2 June 2015) and in July 2015 in Sofia (BBC 21 July 2015). For further information on the eviction of Roma, see Response to Information Request BGR105322.

Sources state that in June 2015, violent anti-Roma protests took place in the Orlandovtsi neighbourhood of Sofia (BTA 14 July 2015; Novinite 15 June 2015). According to Novinite, a Bulgarian news agency, several Roma were injured (ibid.). Media sources report that the protests were against the "'lawlessness of Roma people'" (Romea 23 June 2015) or "crimes committed by the Roma community" (Novinite 15 June 2015). Novinite reports that 200 people participated in the protest, which began after a brawl between Roma and non-Roma over loud music (Novinite 15 June 2015). Sources report that police responded to the anti-Roma protests in Orlandovtsi, prevented protestors from entering the Roma neighbourhood, and guarded the neighbourhood while tensions remained high (ibid.; Romea 23 June 2015). Novinite reports that some protesters were carrying bats and some dispersed into small groups searching for Roma after unsuccessfully trying to break through the police blockade to access the Roma houses (Novinite 15 June 2015). According to the Open Society Foundations (OSF), although the police cordoned off the area, some people were able to bypass the police blockade and attack Roma (28 July 2015). According to Novinite, 34 protesters were detained, primarily for "hooliganism" and "refusing to heed police orders"; eight were from Orlandovski while the others were non-local (17 June 2015). Media sources indicate that the protests lasted for multiple days (Romea 23 June 2015; Novinite 17 June 2015). According to Romea, as of 23 June, the police continued to guard Roma neighbourhoods in Garmen and Orlandovtsi, but Roma were unable to leave their neighbourhoods due to fears of attacks and fighting (23 June 2015).

Sources report that twin brothers and their father were attacked and beaten while on a bus in Sofia in late June 2015 (OSF 28 July 2015; European Roma Movement 21 June 2015). According to the European Roma Movement, the three Roma were attacked by "skinheads" who used bats and brass knuckles (ibid.).

2. Treatment of Roma by Extremist and/or Nationalist Groups

According to the Council of Europe's European Commission Against Racism and Intolerance (ECRI), there has been an increase in the number of "ultra-nationalist/fascist groups and political parties" in Bulgaria (Council of Europe 16 Sept. 2014, 9). The same source states that racist hate speech in political discourse is a "serious problem," is worsening, and that Roma are one of the main targets of such hate speech (ibid., 9, 15). ECRI notes that the 2013 election campaign "was marked by strong anti-Gypsyism" (ibid., 15). DW reports that nationalist parties in Bulgaria are anti-Roma and appeal to many voters who are "highly prejudiced against the Roma minority" (DW 6 May. 2014). ECRI has expressed concern over the ability of extremist groups in Bulgaria to receive official recognition and possible subsidies from the state (Council of Europe 16 Sept. 2014, 15).

ECRI reports that the leader of Ataka, a nationalist political party that won 23 of 240 seats in parliament in 2013 (ibid.) and 11 seats in 2014 (Freedom House 2015), is "well-known for his out-spoken racist views," and "has rallied against the 'gypsification' of Bulgaria, systematically linking Roma with criminals" (Council of Europe 16 Sept. 2014, 15). Freedom House similarly reports that Ataka and other smaller nationalist groups use hate speech targeting Roma during their campaigns (2015).

ECRI reports that, in addition to Ataka, there are "several other smaller ultra-nationalist/fascist political parties and groups," including: National Front for Salvation of Bulgaria (NFSB), Internal Macedonian Revolutionary Organisation - Bulgarian National Movement (VMRO-BND), Bulgarian National Union (BNU), as well as the group Blood and Honour (Council of Europe 16 Sept. 2014, 15). According to DW, NFRB speaks against high birth rates and crime among "'Gypsies'" and has proposed banning Roma children from public schools if they do not speak Bulgarian (DW 6 May 2014). According to ECRI, the VMNO-BND is well-known for using "anti-Gypsy propaganda" (Council of Europe 16 Sept. 2014, 15).

Sources reporting on the anti-Roma protests in the spring-summer 2015 state that such protests are common close to an election (Romea 23 June 2015; European Roma Movement 21 June 2015). OSF reports that, according to a coalition of civil society organizations, the anti-Roma protests have been "politically-orchestrated" ahead of elections, and media sources reported that members of some political parties were involved in the protests (28 July 2015).

3. State Protection

3.1 Legislation and Implementation

According to sources, incitement to hatred is addressed in the criminal code (US 25 June 2015, 10; AI 2015, 14). The US Department of State's Country Reports on Human Rights Practices for 2014 states that punishment for "incitement to 'hate speech'" is between one and four year's imprisonment, though as of October 2014, there were no convictions for hate speech (US 25 June 2015, 10-11). ECRI states that "few" cases of hate speech have been brought to court and the conviction rate is "low" (Council of Europe 16 Sept. 2014, 9). Country Reports 2014 indicates that in June 2014, a municipal council member in Varna blamed Roma for a flood, called them "'parasites'," as well as "'inhuman scum'," and said that "they did not deserve 'to inhabit our civilization'" (US 25 June 2015, 27). The same source notes that human rights activists filed a hate speech complaint against him and the status of the inquiry was "ongoing" as of November 2014 (ibid.).

According to the UN Human Rights Council's Report of the Working Group on the Universal Periodic Review for Bulgaria, the Bulgarian delegation stated that there is a "solid legal framework for combating all cases of hate crime" and that the criminal code recognizes "each racial motivation as an aggravating circumstance in criminal offences" (UN 8 July 2015, para. 17). AI similarly states that for "murder and the infliction of bodily injury," racist motives are considered an "aggravating factor" prescribing heavier penalties (AI 2015, 14). According to ECRI's September 2014 report, to their knowledge there had been no prosecutions "involving murder committed with racist motives or causing bodily harm with racist motives" as of the time of the report (Council of Europe 16 Sept. 2014, 19). According to a hate crimes database of the Organisation for Security and Co-operation in Europe (OSCE)'s Office for Democratic Institutions and Human Rights (ODIHR), based on information received from the Bulgarian authorities, in 2013 there were 651 hate crimes recorded by police, of which 300 were prosecuted and 239 sentenced (OSCE n.d.). Of those hate crimes, there were 633 cases of physical assault, 2 homicides, 3 cases of incitement to violence, 2 threats, and 11 other cases, but the data is not disaggregated by bias motivation (ibid.). Statistics specifically related to the number of hate crimes against Roma that were reported, investigated and prosecuted could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

According to AI, District and Regional Prosecution Offices are responsible for overseeing police investigations of hate crimes (AI 2015, 15). Without providing details, the UN working group report states that, according to the Bulgarian delegation, there has been a "substantial improvement in the interaction between the Prosecutor's Office and the investigating authorities in identifying and reporting discriminatory motives at the earliest possible stage of pretrial proceedings" (UN 8 July 2015, para. 18). Further and corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

According to the Council of Europe's Commissioner for Human Rights, who visited Bulgaria in February 2015, hate crimes are underreported (Council of Europe 22 June 2015, 30). AI similarly states that hate crimes are "largely hidden and unacknowledged" in Bulgaria (AI 2015, 41). Both sources state that hate crimes are often treated as "hooliganism," rather than hate crimes (Council of Europe 22 June 2015, 30; AI 2015, 7). According to the AI report, this is, in part, due to the fact that less evidence is required for charges of hooliganism, and because the laws that treat racism as an aggravating circumstance are new and authorities sometimes lack experience and training on investigating these crimes (ibid., 27).

3.2 Commission for Protection Against Discrimination (CPD)

ECRI states that the CPD was established in 2005 as "'an independent specialised state body for prevention of discrimination, protection against discrimination and ensuring equal opportunities'" (Council of Europe 16 Sept. 2014, 14). ECRI states that the CPD organises training for various groups of law enforcement authorities on "the application of the Anti-[d]iscrimination Act," but expressed concern that the number of judges and prosecutors who received anti-discrimination training was "too low"(Council of Europe 16 Sept. 2014, 24-25).

According to ACCESS, a global NGO based in The Hague that supports conflict resolution and provides information on regulatory and institutional frameworks (ibid. n.d.), the CPD is responsible for investigating violations of anti-discrimination laws, as well as conducting independent research, publishing reports and giving recommendations on issues related to discrimination (ACCESS June 2015). According to the same source, the complaint must be submitted in written form within three years of the violation, after which the CPD conducts an investigation lasting no more than 60 days (ibid.). Government bodies and individuals are required to share information and documentation with the CPD and the CPD has the authority to examine witnesses (ibid.). The source states that should the CPD find evidence of a crime, the file is sent to the prosecution (ibid.). Complaints can be resolved through an informal conciliation process, or, if no agreement is reached this way, they can be brought before one of three panels that specializes in a specific form of discrimination (ethnic and racial, gender, or "other grounds"); decisions in both processes are legally binding and the CPD is responsible for their enforcement (ibid.). Outcomes of these decisions can include "compensation, mandatory recommendations to the peoples or bodies in violation, termination of unlawful discrimination practices or returning to the status quo" (ibid.). In cases in which the complaint is resolved by a panel, an appeal of the decision can be submitted to the Bulgarian Supreme Court of Justice within 14 days (ibid.).

According to ECRI, the CPD has nine members in total, five of which are elected by Parliament and four of which are appointed by the President (Council of Europe 16 Sept. 2014, 14). According to DW, a member of the Ataka Party is one of the representatives of the CPD (DW 6 Mar. 2014). The President of the Bulgarian Helsinki Committee expressed the opinion that CPD rulings "'are often supporting the discrimination, rather than fighting it'" (qtd. in DW 6 Mar. 2014). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

ECRI states that the CPD has 20 regional offices that assist victims of discrimination in filing complaints to the CPD, but that only 18 of the offices are "fully operational" and most lack sufficient staff and resources (Council of Europe 16 Sept. 2015, 25). According to information provided to the ECRI by the Bulgarian government, the CPD has a total of 21 employees: 1 director and 20 regional representatives (ibid., 57).

Information on specific CPD cases related to Roma could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

3.3 Treatment by the Police

Country Reports 2014 states that there were some reports that police "arrested suspects for minor offences and physically abused them to force confessions, especially in cases involving Romani suspects" (US 25 June 2015, 2-3). The same source further states that investigations into police violence were neither "effective" nor "comprehensive" (ibid., 2). AI similarly states that there is concern among human rights organizations regarding the "excessive use of force by police towards ethnic minorities," as well as the lack of an "independent mechanism" to investigate these allegations (AI 2015, 21).

According to the AI report, some of the officials who were interviewed expressed "biased views" towards Roma and their "entrenched prejudice against minorities" may limit their ability or willingness to effectively investigate allegations of hate crimes (AI 2015, 19). Similarly, Al Jazeera cites a sociologist and researcher on "migration and human rights issues" as stating that when individuals from marginalized groups in Bulgaria file reports with the police "'it is not unusual for the authorities to treat them with disregard and to refuse to register the crime'" (Al Jazeera 3 Mar. 2015).

For information about the situation of Roma, including access to employment, housing, health care, and education, see Response to Information Request BGR105322.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

References

ACCESS. June 2015. "Commission for Protection Against Discrimination of Bulgaria: National Human Rights Institution." [Accessed 22 Oct. 2015]

_____. N.d. "About ACCESS." [Accessed 22 Oct. 2015]

Al Jazeera. 3 March 2015. "Hate Attacks: Bulgaria's Invisible Crime." [Accessed 9 Nov. 2015]

Amnesty International (AI). 2015. Missing the Point: Lack of Adequate Investigation of Hate Crimes in Bulgaria. (EUR 15/001/2015) [Accessed 19 Oct. 2015]

British Broadcasting Corporation (BBC). 21 July 2015. Nick Thorpe. "Bulgaria Tensions Lead to Roma Home Demolitions." [Accessed 19 Oct. 2015]

Bulgarian Helsinki Committee (BHC). "About BHC." [Accessed 21 Oct. 2015]

Bulgarian News Agency (BTA). 14 July 2015. "Socialists in European Parliament: 'More Must Be Done to Tackle Anti-Gypsyism in Bulgaria, EU-Wide'." (Factiva)

Council of Europe. 22 June 2015. Nils Muižnieks. Report by Nils Muižnieks Commissioner for Human Rights of the Council of Europe Following His Visit to Bulgaria From 9 to 11 February 2015. [Accessed 16 Oct. 2015]

_____. 16 September 2014. European Commission Against Racism and Intolerance (ECRI). ECRI Report on Bulgaria. [Accessed 16 Oct. 2015]

Deutsche Welle (DW). 6 May 2014. "Political Extremisim on the Rise in Bulgaria." [Accessed 22 Oct. 2015]

_____. 6 March 2014. "Nationalism and Unchecked Violence in Bulgaria." [Accessed 19 Oct. 2015]

_____. N.d. "Deutsche Welle at a Glance." [Accessed 22 Oct. 2015]

European Roma Movement. 21 June 2015. "Bulgaria: 'Brothers, Help Us!' Anger, Fear and Insecurity Among Roma in Bulgaria." [Accessed 20 Oct. 2015]

Freedom House. 2015. "Bulgaria." Freedom in the World 2015. [Accessed 6 Nov. 2015]

Minority Rights Group International (MRG). July 2015. "Bulgaria." State of the World's Minorities and Indigenous Peoples 2015. [Accessed 15 Oct. 2015]

Novinite. 19 June 2015. "EU Allocates 55m Euro to Roma Integration in Bulgaria." (Factiva)

_____. 17 June 2015. "'Outsiders' Reportedly Involved in Bulgaria's anti-Roma Protests." (Factiva)

_____. 15 June 2015. "Several Injured as Tensions Escalate and Protest in Sofia Neighbourhood." [Accessed 19 Oct. 2015]

_____. 2 March 2013. "Security Guards Shoot Dead Roma Scrap Thief in Sofia." [Accessed 20 Oct. 2015]

Open Society Foundations (OSF). 28 July 2015. Violeta Naydenova. "Bulgaria Must Stop Its Anti-Roma Attacks." [Accessed 20 Oct. 2015]

Organisation for Security and Co-operation in Europe (OSCE). N.d. Office for Democratic Institutions and Human Rights (ODIHR). "Bulgaria." [Accessed 20 Oct. 2015]

Romea. 23 June 2015. "Bulgaria: Roma Respond to Anti-Romani Protests in the Capital." [Accessed 15 Oct. 2015]

_____. N.d. "About Romea.cz." [Accessed 20 Oct. 2015]

The Sofia Globe. 2 June 2015. "Hundreds Protest in Garmen Against Illegal Construction, Roma." [Accessed 20 Oct. 2015]

_____. N.d. "About Us." [Accessed 9 Nov. 2015]

United Nations (UN). 8 July 2015. Human Rights Council. "Bulgaria." Report of the Working Group on the Universal Periodic Review. (A/HRC/30/10) [Accessed 19 Oct. 2015]

United States (US). 25 June 2015. Department of State. "Bulgaria." Country Reports on Human Rights Practices for 2014. [Accessed 16 Oct. 2015]

_____. 11 February 2015. "Bulgaria 2015 Crime and Safety Report." [Accessed 15 Oct. 2015]

Additional Sources Consulted

Internet sites, including: Balkan Insight; Bulgaria - The Commission for Protection Against Discrimination, Ministry of Interior, Ombudsman; Bulgarian Helsinki Committee; Bulgarian Institute for Legal Initiatives; Center for the Study of Democracy; Decade of Roma Inclusion 2005-2015; Dream Deferred; ecoi.net; Equal Opportunities Initiative; Equal Rights Trust; Equinet; EurActive; European Roma Rights Centre; Factiva; Human Rights First; Human Rights Watch; John Feffer; Roma Education Fund; Standart News; United Nations - Office of the High Commissioner for Human Rights, Refworld.