CASE OF STANKOV AND THE UNITED MACEDONIAN ORGANISATION ILINDEN v. BULGARIA

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COUNCIL OF EUROPE

EUROPEAN COURT OF HUMAN RIGHTS

FIRST SECTION

CASE OF STANKOV AND THE UNITED MACEDONIAN ORGANISATION ILINDEN v. BULGARIA

(Applications nos. 29221/95 and 29225/95)

JUDGMENT

STRASBOURG

2 October 2001

This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.

In the case of Stankov and the United Macedonian Organisation Ilinden v. Bulgaria, The European Court of Human Rights (First Section), sitting as a Chamber composed of: Mrs E. PALM, President, Mrs W. THOMASSEN, Mr L. FERRARI BRAVO, Mr J. CASADEVALL, Mr B. ZUPANČIČ, Mr T. PANŢÎRU, Mrs S. BOTOUCHAROVA, judges, and Mr M. O’BOYLE, Section Registrar, Having deliberated in private on 17 October 2000 and on 11 September 2001, Delivers the following judgment, which was adopted on the last-mentioned date:

• PROCEDURE
• THE FACTS

• I. THE CIRCUMSTANCES OF THE CASE

• A. Background of the case
• B. Prohibitions against the holding of meetings during the period under consideration
• C. Other evidence concerning the aims and the activities of the applicant association and its supporters
• D. Evidence submitted by the Government in support of their allegation that some of the members of the applicant association were in possession of arms
• E. Government’s summary of the historical context

• II. RELEVANT DOMESTIC LAW

• THE LAW

• I. THE GOVERNMENT’S PRELIMINARY OBJECTIONS
• II. SCOPE OF THE CASE
• III. ALLEGED VIOLATION OF ARTICLE 11 OF THE CONVENTION

• A. Arguments of the parties
• B. The Court’s assessment

• IV. APPLICATION OF ARTICLE 41 OF THE CONVENTION

• A. The applicants’ claims
• B. The Government’s submissions
• C. The Court’s assessment

• FOR THESE REASONS, THE COURT
• DISSENTING OPINION OF JUDGE BOTOUCHAROVA