All cultures
develop pithy phrases over time, distilling wisdom accumulated through the ages. 'Early to bed, early to rise, makes a man
healthy, wealthy, and wise’ is a famous American one. Despite its inexact
description of all successful people, and its unfortunately gimcrack rhyme, Dr
Franklin’s maxim expresses an enthusiasm emblematic of the American outlook.
Bulgaria’s
history is different, and wisdom focused on survival emerged with the years.
In order
to explain my work here in Bulgaria, perhaps the country deserves a bit of description.
Not many Americans (including myself) know much about Bulgaria until they come
here.
Leaving
the impressive ancient history of Bulgaria aside (Emperor Constantine referred
to the capitol as ‘‘my Rome’’), the country’s modern history includes invasion by
the Ottoman Empire in 1396, an occupation which lasted ostensibly until
1878. A nearly 500 year-long period
popularised by the title of his novel, ‘‘Under the Yoke’’, Ivan Vazov notes the
oppression of Bulgarian cultural identity, including Bulgarian Orthodox
identity, during Ottoman rule. Sadly,
the pluralism notable of the late Ottoman Empire only began as Bulgaria finally
achieved its desired independence.
Independence
did I say? Many Bulgarians describe this
part of their history with dismay. For,
even as the Ottomans left, the Great Powers decided (in their characteristic
humility and respect for sovereignty) to divide Bulgaria into fragments even as
it achieved autonomy. Wars ensued,
alliances formed. And Bulgaria, like all small European countries during the
Great Wars of the 20th century, threw her destiny behind one of the major alliances
it thought had the best success of weathering a continent in convulsion. Regrettably, Bulgaria joined the Central
Powers in the Great War, and the Axis powers during WWII. In 1944, a left-wing uprising abolished the
monarchy, and in 1946 Bulgaria entered the Soviet sphere of influence.
Communism
wrought effects still evident in the capitol of Sofia. Interrupting beautiful neoclassical
architecture inspired by Austrian and French styles of the 19th century, cement
block buildings yawn intentional gloom, producing their architects’ desired
effect. Surely mothers taught their
children ‘the bent head evades the secret police.’
But in
1989 communism fell. Since then, Bulgaria has been on an uncertain road to recovery.
Out of
these historical circumstances come significant challenges. For example, an
Anti-Corruption Report by the European Commission in March of this year
reported that 84% of Bulgarian respondents say that corruption is widespread in
Bulgaria.[1]
And corruption
does not cease at courthouse gates. ‘‘In
modern Bulgaria corruption is one of the significant concerns plaguing the
current legal system. With historical roots in the Ottoman Empire and the Communist
regime, Bulgaria faces challenges in sustaining a strong judicial system that
holds its members accountable. Since the transition from communism to democracy
in 1989, Bulgaria’s biggest challenge has been reforming its judicial system to
combat corruption.’’[2]
Advocates
Europe was registered in the UK in 2001 and re-registered in Bulgaria in 2009.
It has over 400 members with contacts in 35 countries around Europe. AE focuses
on combating corruption and human trafficking, but also promotes human
rights and equal justice for the poor, the sanctity of human life, religious
freedom, the rule of law, peace and reconciliation, the family & community.
My
internship is with the President of Advocates Europe, Latchezar Popov. As
President of AE he is the administrator of the network of attorneys involved
with AE across Europe. As an attorney, he is dedicated to helping rebuild
Bulgaria through the rule of law. He is also the founder of the Rule of Law
Institute which concentrates on issues particular to Bulgaria.
During
my internship I have drafted an application to the European Court of Human
Rights in Strasbourg, France. The case involves a church which has been denied
registration as a legal institution. Of course, the case is more complicated
than what can be summarised here. In essence, the church has climbed the
appeals process in Bulgaria and at every level been denied due process. Besides
facing the corruption of the courts, we’re concerned that the courts may be
adopting an antagonistic disposition to religious plurality in Bulgaria.
Religious freedom, including the freedom of institutional association, is
protected by the Constitution; however, the courts have found illegitimate ways
around this protection. In April of
2014, the Supreme Cassational Court rejected the church’s final appeal.
If the
level of appeal ended in Bulgaria this would, obviously, be the end of the
road. However, Bulgaria is a member of the European Convention of Human Rights.
As a result, we are appealing the case to the European Court. Legally speaking,
the case is evidently strong. And yet the applicants (the members of the
church) aren’t holding their breath, even though AE has a strong track record
with the Court. They are demoralised by the corruption experienced in the
Bulgarian court system. It is our hope that a correction from the Court will
not only secure the applicants’ rights but will send a message to the courts
that Bulgaria must continue to reduce corruption.
I’ve also
helped draft a supplemental memorandum to the European Court involving a case
that has sat in its dock for five years (there’s some explanation for this I
won’t get into here). The applicant in this case is a radio broadcaster who has
tried to secure a frequency to produce a Christian radio programme. To date,
Bulgaria has never granted a radio frequency to a Christian radio programme. In
2001, the State granted this applicant a license, but has consistently
prevented the applicant from attaining a frequency. Again, it is to be hoped the
European Court will strike a balance.
Applying
to the European Court is an interesting experience, for me. As a conservative,
I am sceptical of para-national courts’ abilities to support inter-national
stability, and not usurp inter-national sovereignty. But perhaps this comes
from my perspective as an American steeped in the common law of America and
Britain, with its 1,000 year history. For post-communist countries in the East,
the tremendous flux of government and law leaves them without long, accumulated
legal history. At least in the short term, I see the direct net benefit of the European
Court providing justice to those who without it might never see justice. ‘‘I
would have despaired unless I had believed that I would see the goodness of the
LORD In the land of the living.’’ (Psalm 27:13).
Until next time,
PJS
[1] http://ec.europa.eu/dgs/home-affairs/what-we-do/policies/organized-crime-and-human-trafficking/corruption/anti-corruption-report/docs/2014_acr_bulgaria_chapter_en.pdf. See also
http://www.telegraph.co.uk/news/worldnews/europe/bulgaria/3463957/Inside-Europes-corruption-capital-how-Bulgarias-crime-mafia-plunders-EU-grant-money.html.
However, the Report also noted that the European average is 76%.