{"id":9494,"date":"2019-11-05T15:29:47","date_gmt":"2019-11-05T15:29:47","guid":{"rendered":"https:\/\/laweuro.com\/?p=9494"},"modified":"2019-11-05T15:29:47","modified_gmt":"2019-11-05T15:29:47","slug":"case-of-kiril-ivanov-v-bulgaria-european-court-of-human-rights","status":"publish","type":"post","link":"https:\/\/laweuro.com\/?p=9494","title":{"rendered":"CASE OF KIRIL IVANOV v. BULGARIA (European Court of Human Rights)"},"content":{"rendered":"<p style=\"text-align: center;\">FIFTH SECTION<br \/>\nCASE OF KIRIL IVANOV v. BULGARIA<br \/>\n(Application no. 17599\/07)<\/p>\n<p style=\"text-align: center;\">JUDGMENT<br \/>\nSTRASBOURG<br \/>\n11 January 2018<\/p>\n<p style=\"text-align: center;\">FINAL<br \/>\n11\/04\/2018<\/p>\n<p>This judgment has become final under Article 44 \u00a7 2 of the Convention. It may be subject to editorial revision.<\/p>\n<p><strong>In the case of Kiril Ivanov v. Bulgaria,<\/strong><\/p>\n<p>The European Court of Human Rights (Fifth Section), sitting as a Chamber composed of:<\/p>\n<p>Angelika Nu\u00dfberger, President,<br \/>\nErik M\u00f8se,<br \/>\nAndr\u00e9 Potocki,<br \/>\nS\u00edofra O\u2019Leary,<br \/>\nGabriele Kucsko-Stadlmayer,<br \/>\nL\u04d9tif H\u00fcseynov, judges,<br \/>\nMaiia Rousseva, ad hocjudge,<br \/>\nand Claudia Westerdiek, Section Registrar,<\/p>\n<p>Having deliberated in private on 5 December 2017,<\/p>\n<p>Delivers the following judgment, which was adopted on that date:<\/p>\n<p><strong>PROCEDURE<\/strong><\/p>\n<p>1.\u00a0\u00a0The case originated in an application (no. 17599\/07) against the Republic of Bulgaria lodged with the Court on 16 March 2007 under Article\u00a034 of the Convention for the Protection of Human Rights and Fundamental Freedoms (\u201cthe Convention\u201d) by a Bulgarian national, Mr\u00a0Kiril Kostadinov Ivanov (\u201cthe applicant\u201d).<\/p>\n<p>2.\u00a0\u00a0The applicant was represented by Mr K. Kanev, chairman of the Bulgarian Helsinki Committee, a non-governmental organisation based in Sofia, and by Mr S. Ovcharov, a lawyer working with the Bulgarian Helsinki Committee and practising in Sofia. On 15 January 2016 the President of the Section gave MrKanev leave to represent the applicants in all pending and future cases in which he personally acts as a representative (Rule 36 \u00a7 4 (a) infine of the Rules of Court). The Bulgarian Government (\u201cthe Government\u201d) were represented by their Agent, Ms R. Nikolovaof the Ministry of Justice.<\/p>\n<p>3.\u00a0\u00a0In his original application, the applicant alleged that a rallyplanned for 30 September 2006 in whose organisation he had taken part had been banned by the authorities, and that he had not had an effective domestic remedy in respect of that.This, he alleged,had been due to the Macedonian ethnic consciousness of the people who had intended to take part in it. In follow-up submissions filed with the Court on 28 November 2007, the applicant alleged that another rally, planned for 12 September 2007, which he had also helped organise, had been banned by the authorities for the same reasons.<\/p>\n<p>4.\u00a0\u00a0On 18 December 2012 the Government were given notice of the application. In his observations in reply to those of the Government, filed with the Court on 21 June 2013, the applicant in addition alleged that he had not had an effective domestic remedy in respect of the second rally either.<\/p>\n<p>5.\u00a0\u00a0On 12 April 2015 Mr Yonko Grozev, the judge elected in respect of Bulgaria, withdrew from sitting in the case (Rule 28 \u00a7 3). Accordingly, on 19 October 2017 the President selected Ms Maiia Rousseva as ad hocjudge from the list of five persons whom the Republic of Bulgaria had designated as eligible to serve in that office (Article 26 \u00a7 4 of the Convention and Rule\u00a029 \u00a7 1 (a)).<\/p>\n<p><strong>THE FACTS<\/strong><\/p>\n<p>I.\u00a0\u00a0THE CIRCUMSTANCES OF THE CASE<\/p>\n<p>6.\u00a0\u00a0The applicant was born in 1942 and lives in Blagoevgrad.<\/p>\n<p><strong>A.\u00a0\u00a0Background<\/strong><\/p>\n<p>7.\u00a0\u00a0The background to the banning of the two rallies at issue in the present case has been set out in detail in the judgments in the following cases: Stankov and the United Macedonian Organisation Ilinden v.\u00a0Bulgaria, nos.29221\/95 and 29225\/95, ECHR 2001-IX; United Macedonian Organisation Ilinden and Ivanov v. Bulgaria, no.\u00a044079\/98, 20\u00a0October 2005; United Macedonian Organisation Ilinden-PIRIN and Others v.\u00a0Bulgaria, no.59489\/00, 20 October 2005; Ivanov and Others v.\u00a0Bulgaria, no.46336\/99, 24 November 2005; United Macedonian Organisation Ilinden and Others v. Bulgaria, no. 59491\/00, 19\u00a0January 2006; United Macedonian Organisation Ilinden and Ivanov v.\u00a0Bulgaria (no.\u00a02), no.37586\/04, 18\u00a0October 2011; United Macedonian Organisation Ilinden and Others v.\u00a0Bulgaria (no. 2), no. 34960\/04, 18 October 2011; Singartiyski and Others v. Bulgaria, no. 48284\/07, 18 October 2011; and United Macedonian Organisation Ilinden-PIRIN and Others v.\u00a0Bulgaria (no.\u00a02), nos. 41561\/07 and 20972\/08, 18 October 2011.<\/p>\n<p>8.\u00a0\u00a0The applicant was one of the applicants in Ivanov and Others (cited above). He is the brother of Mr Yordan Kostadinov Ivanov, who was one of the applicants in United Macedonian Organisation Ilinden and Ivanov, United Macedonian Organisation Ilinden and Others, United Macedonian Organisation Ilinden and Ivanov (no. 2), and United Macedonian Organisation Ilinden and Others (no. 2) (all cited above).<\/p>\n<p><strong>B.\u00a0\u00a0Rallies in September 2006<\/strong><\/p>\n<p><em>1.\u00a0\u00a0Rally planned for 30 September 2006<\/em><\/p>\n<p>9.\u00a0\u00a0On 15 September 2006 the applicant, acting on behalf of the unregistered organisation the Macedonian Initiative Committee, notified Blagoevgrad\u2019s mayor that the Committee intended to stage a rally at4\u00a0p.m. on 30September 2006 in Macedonia Square to commemorate the eighty-second anniversary of \u201cthe day of the genocide of Macedonians in Bulgaria\u00a0\u2013 12 September 1924\u201d. The rally would consist of the laying of wreaths and flowers and the reading of a short address.<\/p>\n<p>10.\u00a0\u00a0The same day the mayor replied to the applicant that the rally could not proceed as the municipality had planned an event in Macedonia Square for the same date \u2013 a concert marking the Day of Music. Thatparallel event made the staging of the rally impossible.<\/p>\n<p>11.\u00a0\u00a0On 18 September 2006, again acting on behalf of the Macedonian Initiative Committee, the applicant sought judicial review of the mayor\u2019s decision. He argued that under the applicable international-law agreements, that organisation was entitled to stage peaceful rallies without being registered.<\/p>\n<p>12.\u00a0\u00a0In a final decision of 19 September 2006, the Blagoevgrad District Court held that the application was admissible and that the mayor\u2019s decision was amenable to judicial review. However, it went on to find that the mayor\u2019s decision was lawful, because there was a risk that the rights and freedoms of others might be infringed. It was not appropriate to hold the rally, which, in view of its intended theme, was political in character, alongside the municipality\u2019s event. The performanceof musical works could not at all be reconciled with political addresses. It was not proper to force music lovers to listen to political speeches and declarations, especially ones not accepted unequivocally by Bulgarian society, which was particularly sensitive to assertions that a Macedonian minority existed in Bulgaria and that its rights were being infringed.<\/p>\n<p>13.\u00a0\u00a0As a result, the Macedonian Initiative Committeecalled off the rally. The applicant submitted that he was not aware of whether the municipality\u2019s event had in fact taken place. He had made a request for information in that connection under freedom-of-information laws, but had not received a reply. The municipality\u2019s cultural calendar for 2006 showed that the concert marking the Day of Music had been scheduled for 1October rather than 30\u00a0September 2006.<\/p>\n<p><em>2.\u00a0\u00a0Rally planned for 12 September 2006<\/em><\/p>\n<p>14.\u00a0\u00a0Anearlier attempt by the United Macedonian Organisation Ilinden (\u201cIlinden\u201d), an unregistered association based in south-western Bulgaria, in an area known as the Pirin region or the geographic region of Pirin Macedonia, to organise a similar rally on 11 or 12 September 2006 had also been fruitless. Blagoevgrad\u2019s mayor had banned that rally, and a legal challenge to his decision had beendismissed by the Blagoevgrad District Court on 8 September 2006 (seeUnited Macedonian Organisation Ilinden and Ivanov (no. 2), cited above, \u00a7\u00a7 58-63).<\/p>\n<p><strong>C.\u00a0\u00a0Rally on 12 September 2007<\/strong><\/p>\n<p>15.\u00a0\u00a0The circumstances relating to the rally organised by Ilinden on 12\u00a0September 2007are set out in UnitedMacedonian Organisation Ilinden and Ivanov (no. 2) (cited above, \u00a7\u00a7 90-95) in the following way:<\/p>\n<p>\u201c90.\u00a0\u00a0On 28 August 2007 Ilinden notified the Mayor of Blagoevgrad of its intention to stage a rally on Macedonia Square, in front of Gotse Delchev\u2019s monument, at 4.30\u00a0p.m. on 12 September 2007. The event, which was to mark the anniversary of \u2018the genocide against the Macedonians\u2019, would consist of the laying of a wreath and flowers on the monument and a short speech. It would last one hour.<\/p>\n<p>91.\u00a0\u00a0On 29 August 2007 the Mayor replied that the notification could not be examined as Ilinden had not produced documents proving its official registration. It was thus impossible to identify the \u2018managing bodies of [the] event\u2019. Moreover, the municipality had planned an event on Macedonia Square for the same date, a children\u2019s holiday under the name \u2018Hello, school\u2019, to mark the beginning of the school year, which made the holding of the rally impossible.<\/p>\n<p>92.\u00a0\u00a0On 30 August 2007 Ilinden sought judicial review by the newly created Blagoevgrad Administrative Court &#8230;, reiterating the arguments raised in its previous applications. In a decision of 30 August 2007 the Blagoevgrad Administrative Court found that under the 1990 Meetings and Marches Act, which was lex specialis in relation to the general rules of administrative procedure, the court competent to examine an application for judicial review of a Mayor\u2019s decision to ban a rally was the district court. It therefore sent the file to the Blagoevgrad District Court.<\/p>\n<p>93.\u00a0\u00a0In a final decision of 5 September 2007 the Blagoevgrad District Court dismissed the application. It held that, while the lack of registration did not amount to sufficient grounds to prohibit the rally, the fact that another event, likely to draw a number of people, many of whom were children, was due to take place on the same date in Macedonia Square was enough to justify the ban. In the court\u2019s view, it was inopportune to allow two wholly different events to be staged at the same time and place.<\/p>\n<p>94.\u00a0\u00a0According to the applicants, no school event took place at 4 p.m. on 12\u00a0September 2007 on Macedonia Square. When a number of members and supporters of Ilinden gathered in front of the American University in Blagoevgrad at about 5 p.m., they were stopped by the police and a number of them were arrested. They were taken to a police station, held for about three hours and charged with committing administrative offences for having tried to take part in a banned rally.<\/p>\n<p>95.\u00a0\u00a0On 22 October 2007 the deputy Mayor of Blagoevgrad imposed administrative punishments (fines of 200 Bulgarian levs (102.26 euros) each) on [Mr Yordan Kostadinov Ivanov] and on a number of members of Ilinden for having taken part in a banned rally, in breach of a public-order regulation issued by the Blagoevgrad Municipal Council. All of them sought judicial review. In a series of judgments delivered on 18 and 19 February, 11 March, and 22 and 29 May 2008 the Blagoevgrad District Court annulled the fines. In some of the judgments it found that they were invalid, as under the applicable rules the deputy Mayor had no power to impose administrative punishments. In other judgments the court found that the deputy Mayor\u2019s decisions were defective because they did not specify which administrative offences had been committed. In others it held that although the Mayor\u2019s ban on the rally planned for 12 September 2007 was legally binding, the actions of the members of Ilinden on that date had not amounted to the staging of a rally, as they had been too few and had not tried to wave banners and make speeches, but merely to lay flowers on Gotse Delchev\u2019s monument. The court went on to say that every person, regardless of their political convictions, had the right to honour the memory of national heroes in peace.\u201d<\/p>\n<p>16.\u00a0\u00a0It was the applicant who acted on behalf of Ilinden in its dealings with Blagoevgrad\u2019s mayor and the courts in relation to that rally.<\/p>\n<p>II.\u00a0\u00a0RELEVANT DOMESTIC LAW AND PRACTICE<\/p>\n<p>17.\u00a0\u00a0The relevant domestic law and practice have been set out in United\u00a0Macedonian Organisation Ilinden and Ivanov (no. 2) (cited above, \u00a7\u00a7\u00a0107-12).<\/p>\n<p><strong>THE LAW<\/strong><\/p>\n<p>I.\u00a0\u00a0STRIKINGOUT OF PART OF THE APPLICATION<\/p>\n<p><strong>A.\u00a0\u00a0The parties\u2019 submissions<\/strong><\/p>\n<p>18.\u00a0\u00a0The Government submitted that in United Macedonian Organisation Ilinden and Ivanov (no. 2) (cited above) the Court had already given a broad ruling in relation to interference by the authorities with rallies organised by Ilinden. It was therefore not warranted to take up the same issue in a case brought by an individual claiming to have himself suffered a breach of his rights under Article 11 of the Convention.Although the applicant had not been a party to that earlier case, he did not have any separate legal interest requiring protection, and could not claim that he had suffered separate damage calling for an award of just satisfaction.Nor did the case concern a continuing breach, so as to require consecutive rulings by the Court.<\/p>\n<p>19.\u00a0\u00a0The applicant submitted thatsince in United Macedonian Organisation Ilinden and Ivanov (no. 2) (cited above) the Court had already examined the authorities\u2019 actions in relation to the rally on 12\u00a0September 2007 and found a breach of Article 11 of the Convention, it was no longer justified to examine that complaint. By contrast, his complaint under Article\u00a014 of the Convention in conjunction with Article 11 in relation to that rally still required examination.<\/p>\n<p>20.\u00a0\u00a0The applicant went on to say that the rally planned for 30\u00a0September 2006 had had nothing to do with Ilinden. It had been planned by theMacedonian Initiative Committee, which was a separate organisation. He therefore maintained his complaints under Articles 11and 14 of the Convention in relation to that rally. He stated that he also maintained his complaints under Article13 of the Convention in relation to both rallies.<\/p>\n<p><strong>B.\u00a0\u00a0The Court\u2019s assessment<\/strong><\/p>\n<p>21.\u00a0\u00a0In United Macedonian Organisation Ilinden and Ivanov (no. 2) (cited above, \u00a7\u00a7 58-63, 90-95 and 126-37) the Court examined events which had unfolded concomitantly with the applicant\u2019s dealings with the authorities in connection with the rally planned for 30 September 2006 (see paragraph 14 above), as well as the events surrounding the rallyon 12\u00a0September 2007 (see paragraph 15 above).<\/p>\n<p>22.\u00a0\u00a0It does not however follow that the present application is \u201csubstantially the same as a matter that has been examined by the Court\u201d within the meaning of Article35 \u00a7 2 (b) of the Convention.<\/p>\n<p>23.\u00a0\u00a0With respect to the rallyon 30 September 2006, the application concerns facts which are related to but do not coincide with those examined in that earlier case.The rally under consideration there was planned by Ilinden and was due to take place on 11 or 12 September 2006, whereas the rally at issue here was planned by a different organisation, the Macedonian Initiative Committee, and was due to take placetwo and half weeks later, on 30September 2006. Moreover, both Blagoevgrad\u2019s mayor and the Blagoevgrad District Court gave separate decisions in relation to the two rallies (see paragraphs9-14 above,and United Macedonian Organisation Ilinden and Ivanov (no. 2), cited above, \u00a7\u00a7 58-63).Last but not least, the applicants in the two cases are different: Ilinden and the applicant\u2019s brother in the earlier one, and the applicant in the one under consideration (see paragraph\u00a08 above).<\/p>\n<p>24.\u00a0\u00a0As regards the rallyon 12 September 2007, the facts examined in United Macedonian Organisation Ilinden and Ivanov (no.2) (cited above, \u00a7\u00a7\u00a090-95) and here were indeed the same (see paragraph15 above). However, the applicantsin that case and in this onearedifferent. For an application to be \u201csubstantially the sameas a matter that has already been examined by the Court\u201d, it must not only concern substantially the same facts and complaints but also be introduced by the same persons (seeVarnava and Others v. Turkey [GC], nos.16064\/90 and 8others, \u00a7\u00a0118, ECHR 2009;Berdzenishvili and Others v. Russia, nos.14594\/07 and 6\u00a0others, \u00a7 37, 20December 2016; Dzidzava v.Russia, no. 16363\/07, \u00a7\u00a065, 20\u00a0December 2016; and Shioshvili and Others v. Russia, no. 19356\/07, \u00a7\u00a047, 20 December 2016).<\/p>\n<p>25.\u00a0\u00a0Nevertheless, the fact that the Court has already dealt with the events relating to the rally on 12 September 2007 in that earlier casegives rise to the further question of whether the applicant\u2019s complaints in relation to those events should be struck out under Article 37 \u00a7 1 (c) of the Convention.<\/p>\n<p>26.\u00a0\u00a0Under the terms ofthat provision, \u201c[t]he Court may at any stage of the proceedings decide to strike an application out of its list of cases where the circumstances lead to the conclusion that&#8230;for any other reason established by [it], it is no longer justified to continue the examination of the application.\u201d<\/p>\n<p>27.\u00a0\u00a0It is clear from the Court\u2019s case-law that the power to strike out under Article 37 \u00a7 1 can be exercised with respect to parts of an application as well (see, for example, Sisojeva and Others v.Latvia (striking out) [GC],no.\u00a060654\/00, \u00a7 104, ECHR 2007-I).<\/p>\n<p>28.\u00a0\u00a0The wordingof Article 37 \u00a7 1 (c) shows that the Court has considerable leeway in identifying the reasons why it is no longer justified to examinean application. Although thosereasons mustinvariably reside in the particular circumstances of the case, theycan be quite diverse (see Association SOS Attentats and de Boery v.France [GC] (dec.), no.\u00a076642\/01, \u00a7 37, ECHR\u00a02006-XIV).<\/p>\n<p>29.\u00a0\u00a0One such reason may be that, owing to the nature of the breach and of the measures required to put it right, the Court\u2019s ruling in an earlier case relating to the same facts but lodged by a different applicant has dealt sufficiently with the relevant issues, and that it wouldhencebe superfluous to examine the matter again at the instance of another applicant who has a sufficiently close link with the applicant in the earlier case.<\/p>\n<p>30.\u00a0\u00a0Thus, in acase which concerned interference by the authorities in the affairs of the Bulgarian Orthodox Churchthe Court struck out follow-up applications. In its judgments in the leading case, Holy Synod of the Bulgarian Orthodox Church (Metropolitan Inokentiy) and Others v.\u00a0Bulgaria (nos.412\/03 and 35677\/04, 22 January 2009 (merits) and 16\u00a0September 2010 (just satisfaction)), it had found that between 2003 and 2004 the authorities had interfered with that Church\u2019s internal organisation in breach of Article 9 of the Convention, and that this breach had affected every active member of the religious community in question. At the same time, the Court hadnot awardeddamages to the individual applicants, but only to the applicant organisation, noting that its claims had been made on behalf of its religious community. The Court had also held that no individual measures were required to execute its judgment (meritsjudgment, \u00a7\u00a7102 and114, and justsatisfaction judgment, \u00a7\u00a723-46, both cited above). In the follow-up case, Pantusheva and Others v.\u00a0Bulgaria ((dec.), nos. 40047\/04 and 33others, 5July 2011), in which several hundred Christian Orthodox believerswho regularly attended church services and took part in the life of the religious communityhad raised identical complaints in relation to the same events, the Courtstruck out the applications under Article 37 \u00a71(c), chiefly on the basis that in the leading case it had already discharged its duty under Article19 of the Convention to ensure the observance of the engagements undertaken by Bulgaria, and that nothing was to be gained if it were to repeatits findings in a series of comparable or even identical cases (ibid., \u00a7\u00a7\u00a056-57). The Court also took into account the nature of the breach and its effects on the individual applicants (ibid., \u00a7 59).<\/p>\n<p>31.\u00a0\u00a0The situation at hand is similar to that in Pantusheva and Others (cited above). In United Macedonian Organisation Ilinden and Ivanov (no.\u00a02) (cited above, \u00a7\u00a7 126-27), the Court found that the mayor\u2019s decision to ban the rally on 12 September 2007 had amounted to arestriction of the right of freedom of assembly of Ilinden and its chairmanunder Article 11 of the Convention because it had had a \u201cchilling effect on the individuals concerned and on the other participants in the rall[y]\u201d.The Court therefore found a violation of Article 11. Its findings thus covered the effect which the ban had had on the applicant, who had beenacting on Ilinden\u2019s behalf in its dealings with the authorities in relation to that rally (see paragraph\u00a016 above). The finding of violation and the joint award which the Court made to Ilinden and its chairman in respect of non-pecuniary damage (ibid., \u00a7\u00a0141) must also be regarded as encompassing any damage suffered by the applicant, who had been actingon the organisation\u2019s behalf.<\/p>\n<p>32.\u00a0\u00a0It follows that in United Macedonian Organisation Ilinden and\u00a0Ivanov (no. 2) (cited above) the Court already discharged its duty under Article19 of the Convention to ensure the observance of the engagements undertaken by Bulgaria under Article 11 of the Convention with respect to the rally on 12September 2007, and that nothing is to be gained if it were to repeat those findings here.Since theapplicant\u2019s related complaint under Article14 of the Convention does not require separate examination (see paragraphs\u00a068-71 below), the fact that no such complaint was raised or determined in that earlier case does not alter that conclusion. Nor can the applicant claim to have suffered additional damagein connection with that rally that calls for a separate award of just satisfaction. It is therefore no longer justified to continue examiningthese two complaints. There is no need to determine whether this also applies to the complaint under Article\u00a013 of the Convention relating to the rally planned for 12 September 2007, as it is in any event inadmissible (see paragraphs 4 above and 50-52 below).<\/p>\n<p>33.\u00a0\u00a0No reason relating to respect for human rights as defined in the Convention requires the Court to continue examining this part of the application under Article 37 \u00a7 1 in fine.<\/p>\n<p>34.\u00a0\u00a0Accordingly, the complaints under Article 11 and 14 of the Convention which relate to the rally on 12 September 2007 are to be struck out of the Court\u2019s list of cases under Article 37 \u00a7 1 (c) of the Convention.<\/p>\n<p>II.\u00a0\u00a0ALLEGED VIOLATION OF ARTICLE 11 OF THE CONVENTION<\/p>\n<p>35.\u00a0\u00a0The applicant complained that the rally planned for 30 September 2006 had been banned. He relied on Article 11 of the Convention, which provides, in so far as relevant:<\/p>\n<p>\u201c1.\u00a0\u00a0Everyone has the right to freedom of peaceful assembly &#8230;<\/p>\n<p>2.\u00a0\u00a0No restrictions shall be placed on the exercise of [this right] other than such as are prescribed by law and are necessary in a democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others. &#8230;\u201d<\/p>\n<p><strong>A.\u00a0\u00a0Admissibility<\/strong><\/p>\n<p><em>1.\u00a0\u00a0The parties\u2019 submissions<\/em><\/p>\n<p>36.\u00a0\u00a0The Government submitted that since the notice which the applicant had given to the mayor had concerned a rally sought to be organised by anon-governmental organisation rather than by him personally, he could not complain in his personal capacity in relation to that rally. His complaint was hence incompatible ratione personae with the provisions of the Convention.<\/p>\n<p>37.\u00a0\u00a0The applicant submitted that the Court regularly examined under Article 11 complaints lodged by individualson behalf of groups. It was clear that the organisers of rallies were personally affected by restrictions on their conduct.<\/p>\n<p><em>2.\u00a0\u00a0The Court\u2019s assessment<\/em><\/p>\n<p>38.\u00a0\u00a0The Court already found that the complaint relating to the rally planned for 30 September 2006 is not \u201csubstantially the same\u201d as thematter examined in United Macedonian Organisation Ilinden and Ivanov (no. 2) (cited above, \u00a7\u00a758-63 and 126-37) (see paragraph 23 above). It is therefore not inadmissible under Article 35 \u00a7 2 (b) of the Convention.<\/p>\n<p>39.\u00a0\u00a0As for the complaint\u2019s compatibilityratione personae with the provisions of the Convention within the meaning of Article 35 \u00a7 3 (a), it should be noted that, under the Court\u2019s case-law, the right to freedom of assembly under Article 11 of the Convention can be exercised not only by the participants in a gathering but also by those who organise it, whether they be individuals or legal persons (seeKudrevi\u010diusand Others v.\u00a0Lithuania [GC], no.37553\/05, \u00a7 91, ECHR 2015, with further references). Although when notifying the mayor about the rally planned for\u00a030 September 2006 and when seeking judicial review of his decision to ban it the applicant purported to act on behalf of the unregistered Macedonian Initiative Committee, he was one of the rally\u2019s organisers (see paragraphs9and11above). He can therefore claim to be a victim with respect to the decision to ban the rally,and his complaintis compatible ratione personae with the provisions of the Convention (seeStankov and the United Macedonian Organisation Ilinden, nos. 29221\/95 and 29225\/95, Commission decision of 29 June 1998, unreported, and Patyi and Others v.\u00a0Hungary, no. 5529\/05, \u00a7\u00a025, 7 October 2008).<\/p>\n<p>40.\u00a0\u00a0The complaint is furthermore not manifestly ill-founded within the meaning of Article 35 \u00a7 3 (a) of the Convention or inadmissible on other grounds. It must therefore be declared admissible.<\/p>\n<p><strong>B.\u00a0\u00a0Merits<\/strong><\/p>\n<p><em>1.\u00a0\u00a0The parties\u2019 submissions<\/em><\/p>\n<p>41.\u00a0\u00a0The Government reiterated that the decision to ban the rally had not affected the applicant.In his dealings with the authorities, he had acted on behalf of an organisation rather than in his personal capacity. Nor had he been subjected to any sanctions in connection with the rally. Moreover, the right to freedom of assembly presupposed the existence of a group of people whose wish to hold a gathering had been restricted.<\/p>\n<p>42.\u00a0\u00a0The Government went on to say that in upholding the mayor\u2019s decision to ban the rally, the Blagoevgrad District Court had not relied on the fact that the organisation staging the rally had not been registered \u2013grounds previously found deficient by this Court \u2013 and therefore no issue arose under Article 11 of the Convention in relation to that aspect of its reasoning.That court had relied on public-order considerations and had had regard to the discretion enjoyed by the mayor in such matters. The rally planned for 30 September 2006 had coincided with an event planned by the municipality, and the mayor had been entitled to take measures to ensure that that event unfolded smoothly.<\/p>\n<p>43.\u00a0\u00a0The applicant submitted that the decision to ban the rally had not corresponded to any pressing social need and had been disproportionate. Neither the mayor nor the court which had reviewed his decision had assessed the measure\u2019s necessity. That court had simply endorsed the mayor\u2019s reasoning.It had not sought to ascertain whether the planned rally and the municipal event would have taken place at the same timeon 30\u00a0September 2006. For his part, the mayor had not proposed to the applicant to reschedule the rally for a different time.<\/p>\n<p><em>2.\u00a0\u00a0The Court\u2019s assessment<\/em><\/p>\n<p>44.\u00a0\u00a0The Court has already found that the applicant, who was one of the rally\u2019s organisers, was personally affected by the mayor\u2019s decision to ban it (see paragraph 39 above). For the same reasons, the Court considers that the ban amounted to a \u201crestriction\u201dof the applicant\u2019s right to peaceful assembly under Article 11 of the Convention. The fact that it was only the applicant who complained to the Court in that respect does not mean that that right is not in issue. The applicant was not proposing to hold a \u201csolo demonstration\u201dbut to take part in a gathering with others (contrast Novikova and Others v.\u00a0Russia, nos. 25501\/07 and 4others, \u00a791, 26 April 2016).<\/p>\n<p>45.\u00a0\u00a0There is no need to examine whether therestriction was \u201cprescribed by law\u201d or pursued one or more of the aims set out in Article 11 \u00a7\u00a02because, even assuming that it was and did, it was in any event not \u201cnecessary in a democratic society\u201d for the following reasons (see United Macedonian Organisation Ilinden and Ivanov (no. 2), \u00a7 131, and Singartiyski and Others, \u00a7 45 in fine, both cited above).<\/p>\n<p>46.\u00a0\u00a0The mayor and the court which upheld his decision justified the ban by reference to the holding of a municipal event at the same time and place and by the need to protect the participants in that event from being exposed to controversial statements on historical issuesseen as sensitive (see paragraphs10and 12 above). Infour materially identical cases suchgrounds have been foundto be insufficient for the purposes of Article11\u00a0\u00a7\u00a02 (see Stankov and the United Macedonian Organisation Ilinden, \u00a7\u00a7 106-07; United Macedonian Organisation Ilinden and Ivanov, \u00a7\u00a7\u00a0113-14; United Macedonian Organisation Ilinden and Ivanov (no. 2), \u00a7\u00a0133; and Singartiyski and Others, \u00a7 46, all cited above).<\/p>\n<p>47.\u00a0\u00a0The domestic authorities provided no details regarding the logistical or security difficulties which two parallel events might have posed and, more importantly,the Government have not explained why justifications considered insufficient in previous cases should suffice in the instant one. In addition, it is noteworthy that on a previous occasion when the authorities did not ban a rally organised by Ilinden, they allowed a counter-demonstration to proceed on the same day (see United Macedonian Organisation Ilinden and Ivanov, cited above, \u00a7 115).<\/p>\n<p>48.\u00a0\u00a0The Court finds therefore that there has been a breach of Article\u00a011 of the Convention.<\/p>\n<p>III.\u00a0\u00a0ALLEGED VIOLATION OF ARTICLE 13 OF THE CONVENTION<\/p>\n<p>49.\u00a0\u00a0The applicant complained that he had not had an effective domestic remedy in respect of the alleged breaches of Article 11 of the Convention. He relied on Article 13 of the Convention, which provides as follows:<\/p>\n<p>\u201cEveryone whose rights and freedoms as set forth in [the] Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity.\u201d<\/p>\n<p><strong>A.\u00a0\u00a0Admissibility<\/strong><\/p>\n<p>50.\u00a0\u00a0In his original application, the applicant complained under Article\u00a013 of the Convention in relation to the rally planned for 30September 2006.In his follow-up submissions,which concerned the rally on 12\u00a0September 2007, he only raised complaints under Articles 11 and 14 of the Convention (see paragraph 3 above). He complained under Article 13 that he had not had an effective remedy in relation to that rally for the first time in his observations in reply to those of the Government, filed with the Court on 21\u00a0June 2013 (see paragraph 4 above).<\/p>\n<p>51.\u00a0\u00a0According to the Court\u2019s case-law, the running of the six-month time-limit under Article 35 \u00a7 1 of the Convention with respect to complaints not featuring in the initial application is only interrupted when they are first submitted to the Court, and allegations made after the expiry of that time-limit can only be examined alongside the initial complaints if they constitute legal submissions relating to, or particular aspects of, those complaints(see F\u00e1bi\u00e1n v.Hungary[GC], no.78117\/13, \u00a7 94, 5 September 2017).The Court must verify these points even if they are not raised by the respondent Government (ibid., \u00a7 90), since it must monitor compliance with the six\u2011month time-limit of its own motion (see, among other authorities, Blokhin v.\u00a0Russia [GC], no. 47152\/06, \u00a7 102, ECHR 2016).<\/p>\n<p>52.\u00a0\u00a0In this case, the applicant\u2019s allegations under Article 13 of the Convention concerned two separate decisions of the Blagoevgrad District Court: one relating to the rally planned for 30 September 2006 and another relating to the rally planned for 12 September 2007 (see paragraphs\u00a012 and\u00a015 above). Insofar as they concerned the latter, the allegations could not therefore be seen as an aspect of the initial complaintor legal submissions relating to it; they were rather a separate complaint under Article 13. That complaint was, however, first raised on 21 June 2013, many years after the rally planned for 12 September 2007 and the Blagoevgrad District Court\u2019s decision relating to it.It has therefore been introduced out of time and must be rejected in accordance with Article35 \u00a7\u00a71 and4 of the Convention.<\/p>\n<p>53.\u00a0\u00a0The complaint under Article 13 of the Convention relating to therally planned for 30 September 2006 is, for its part, not manifestly ill\u2011founded within the meaning of Article 35 \u00a7 3 (a) of the Convention or inadmissible on any other ground. It must therefore be declared admissible.<\/p>\n<p><strong>B.\u00a0\u00a0Merits<\/strong><\/p>\n<p><em>1.\u00a0\u00a0The parties\u2019 submissions<\/em><\/p>\n<p>54.\u00a0\u00a0The Government submitted that the applicant had had at his disposal two effective remedies.<\/p>\n<p>55.\u00a0\u00a0First, the mayor\u2019s decision had been amenable to judicial review. In support of their assertion that that remedy was effective, the Government submitted a 2012 decision of the Stara Zagora Administrative Court and a 2013 decision of the Montana Administrative Courtwhich had annulled bans of rallies by reference to, inter alia, Article 11 of the Convention and on the basis that the mere fact that the rallies would have been an inconvenience tothe participants in concurrent events or bystanders could not havejustified banning them, as well as a 2011 decision of the Blagoevgrad Administrative Court which had annulled a ban of a post-election rallyon the basis that the mayor had failed to provide any evidence in support of his conclusion that there had been a risk of violence.<\/p>\n<p>56.\u00a0\u00a0Secondly, it had been open to the applicant to bring a claim for damages under section 1(1) of the State and Municipalities Liability for Damage Act 1988.<\/p>\n<p>57.\u00a0\u00a0The applicant submitted thatalthough it had been possible to seek judicial review of the mayor\u2019s decision, the Blagoevgrad District Court had not reviewed the way in which the mayor had assessed the facts, had not engaged with the applicant\u2019s argumentsand had not examined the ban\u2019snecessity and proportionality, thus effectively rubber-stamping the mayor\u2019s decision. He observed that, as already noted by the Court, when examining claims for judicial review of decisions to ban Ilinden\u2019s rallies the courts in Pirin Macedonia had consistently ruled against Ilinden.A claim for judicial review of the mayor\u2019s decision had thus lacked any prospect of success, and could not therefore be seen as an effective remedy. A claim for damages under section 1(1) of the 1988 Act did not constitute an effective remedy either, because it would have likewise not stood a reasonable prospect of success and because it could only have resultedin an award of compensation.<\/p>\n<p><em>2.\u00a0\u00a0The Court\u2019s assessment<\/em><\/p>\n<p>58.\u00a0\u00a0The Court already found that the applicant\u2019s rights under Article\u00a011 had been infringed (see paragraph 48 above). His grievance under that provision was therefore arguableand he was entitled to an effective remedy in respect of it (see Ivanov and Others, cited above, \u00a7 71).<\/p>\n<p>59.\u00a0\u00a0The effective remedy required by Article 13 of the Convention is one where the national authority dealing with the case has to consider the substance of the Convention complaint, in line with the principles laid down in the Court\u2019s case-law. Thus, if it faces a complaint under Article\u00a011relating to the right of freedom of assembly, thatauthority must examine, inter alia, whether it is \u201cnecessary in a democratic society\u201d to restrict that right with a view to attaining a legitimate aim under the second paragraph of that Article, and carry outa balancing exercise between that right andthe interestson account of which it is being restricted, without automatically giving preference to those other interests (see Lashmankin and Others v.\u00a0Russia, nos. 57818\/09 and 14 others, \u00a7\u00a7 343 and 356-58, 7\u00a0February 2017).<\/p>\n<p>60.\u00a0\u00a0In this case, such balancing did not happen. The Blagoevgrad District Court did not explain why it considered that it was necessary in a democratic society to shield the participants in the parallel municipal event from the statements likely to be made in the course of the rally which the applicant sought to organise on the same day, or why it was impossible to reconcile the holding of the two events (see paragraph 12 above). Given that at the time when that court dealt with the case an almost identical point had already been determined by this Court in twojudgments against Bulgaria relating to materially indistinguishable facts (see Stankov and the United Macedonian Organisation Ilinden,\u00a7\u00a7106-07, and United Macedonian Organisation Ilinden and Ivanov, \u00a7\u00a7 113-14, both cited above), that omission was striking. It sits in stark contrast with the reasoning given by the courts in the three cases cited by the Government (see paragraph\u00a055 above). TheBlagoevgrad District Court\u2019s approach in this case thus fell short of the requirements of Article13 of the Convention.<\/p>\n<p>61.\u00a0\u00a0As for the possibility for the applicant to seek damages under section\u00a01(1) of the 1988 Act, the Court notes that in United Macedonian Organisation Ilinden and Ivanov (no. 2) (cited above, \u00a7 121) and Singartiyski and Others (cited above, \u00a736), it found, with reference to Article 35 \u00a71 of the Convention, that such a claim could not be regarded as an effective remedy in respect of a complaint under Article 11 of the Convention relating to a ban on the holding of a rally because the Government had not shown that it would have stood a reasonable prospect of success and because, more importantly, it could not in itself provide adequate redress since it could only result in an award of compensation. In view of the close link between Article 35 \u00a7 1 and Article 13 of the Convention (see, as a recent authority, Mocanu and Others v.\u00a0Romania [GC], nos. 10865\/09 and 2 others, \u00a7 220, ECHR2014 (extracts)), those findingsare equally valid under Article 13 of the Convention.<\/p>\n<p>62.\u00a0\u00a0There has therefore been a breach of that provision.<\/p>\n<p>IV.\u00a0\u00a0ALLEGED VIOLATION OF ARTICLE 14 OF THE CONVENTION<\/p>\n<p>63.\u00a0\u00a0The applicant complained that the restriction of his right to freedom of assembly had been due to his being a member of an ethnic minority. He relied on Article 14 of the Convention, which provides as follows:<\/p>\n<p>\u201cThe enjoyment of the rights and freedoms set forth in [the] Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.\u201d<\/p>\n<p><strong>A.\u00a0\u00a0The parties\u2019 submissions<\/strong><\/p>\n<p>64.\u00a0\u00a0The Government submitted that when notifying the municipal authorities of the two planned rallies, the applicant had not acted in his personal capacity but on behalf of non-governmental organisations. Since both rallies had obviously been intended as group events, the applicant was not, individually, a victim of a violation.<\/p>\n<p>65.\u00a0\u00a0The applicant submitted that although the decisions of the mayor and the Blagoevgrad District Court in this case did not overtly suggesta discriminatory intent vis-\u00e0-vis people asserting a Macedonian ethnic identity, the broader context, and in particular two elements, clearly showed such intent.<\/p>\n<p>66.\u00a0\u00a0The first element was the Bulgarian State\u2019s policy of denying the existence of a Macedonian ethnic identity in Bulgaria. That policy had also manifested itself in many judicial decisions by the ordinary courts and by the Constitutional Court. Bulgaria\u2019s refusal to recognise the existence of a Macedonian minority had promptedrepeated expressions of concern by international bodies, such as the Advisory Committee on the Framework Convention for the Protection of National Minorities, the European Commission against Racism and Intolerance, and the Council of Europe\u2019s Commissioner for Human Rights.<\/p>\n<p>67.\u00a0\u00a0The second element was the systematic restriction of the applicant\u2019s rights, as well as the rights of other ethnic Macedonians, under Article 11 of the Convention over the past two and a half decades. Many of those restrictions, whose discriminatory intent the authorities had sought to disguise using ostensibly legitimate reasons, had given rise to findings of violations by this Court.<\/p>\n<p><strong>B.\u00a0\u00a0The Court\u2019s assessment<\/strong><\/p>\n<p>68.\u00a0\u00a0The complaint relates to the same facts as the ones based on Articles\u00a011 and 13 of the Convention: the ban of the rally planned for 30\u00a0September 2006 and the lack of an effective domestic remedy in that connection. Although the applicant insisted that his grievance under Article\u00a014 required separate consideration, especially when seen against the overall background to which he referred, the Court, having carefully reviewed his arguments, does not find this to be the case.<\/p>\n<p>69.\u00a0\u00a0In general, the Court examines complaints under Article 14 in addition to those under the substantive Article in conjunction with which it is being relied on only if a clear inequality of treatment in the enjoyment of the right in question is a fundamental aspect of the case and a separate examination is necessary (see, among other authorities, Airey v.\u00a0Ireland, 9\u00a0October 1979, \u00a7 30, Series A no. 32; Dudgeon v. the United Kingdom, 22\u00a0October 1981, \u00a7 67, Series A no. 45; Xand Y v. the Netherlands, 26\u00a0March 1985, \u00a7 32, Series A no. 91; Chassagnou and Others v.\u00a0France [GC], nos. 25088\/94 and 2 others, \u00a7 89, ECHR 1999-III; Aziz v.\u00a0Cyprus, no.\u00a069949\/01, \u00a7 35, ECHR 2004-V; Timishev v. Russia, nos.\u00a055762\/00 and\u00a055974\/00, \u00a7 53, ECHR 2005-XII; Moscow Branch of the Salvation Army v.\u00a0Russia, no. 72881\/01, \u00a7 100, ECHR 2006-XI; and Or\u0161u\u0161 and\u00a0Others v.\u00a0Croatia [GC], no. 15766\/03, \u00a7144, ECHR 2010).<\/p>\n<p>70.\u00a0\u00a0Furthermore, in several cases not materially different from the present one \u2013 some of which concerned interferences with the rights of persons asserting an ethnic minority consciousness \u2013 the Court, having found a violation of the substantive Convention right at issue, saw no need additionally to deal with the complaint under Article 14 (see, among other authorities, Sidiropoulos and Others v. Greece, 10 July 1998, \u00a7 52, Reports of Judgments and Decisions 1998-IV; Freedom and Democracy Party (\u00d6ZDEP) v. Turkey [GC], no. 23885\/94, \u00a7 49, ECHR 1999-VIII; Emek\u00a0Partisi and \u015eenol v. Turkey, no. 39434\/98, \u00a7 31, 31 May 2005; Ivanov and Others, cited above, \u00a7 78; United Macedonian Organisation Ilinden and\u00a0Others, cited above, \u00a7 84; Bekir-Ousta and Others v. Greece, no.\u00a035151\/05, \u00a7\u00a051, 11 October 2007; Emin and Others v. Greece, no.\u00a034144\/05, \u00a7\u00a037, 27\u00a0March 2008; Tourkiki Enosi Xanthis and Others v.\u00a0Greece, no.\u00a026698\/05, \u00a7 63, 27 March 2008; United Macedonian Organisation Ilinden and Others (no. 2), cited above, \u00a7 49; and National Turkish Union and Kungyun v. Bulgaria, no. 4776\/08, \u00a7 52, 8 June 2017).<\/p>\n<p>71.\u00a0\u00a0The Court sees no reason to depart from that approach in this instance. Having regard to its findings in paragraphs 44-48 above, it finds no need to examine separately the admissibility or merits of the complaint under Article 14 of the Convention.<\/p>\n<p>V.\u00a0\u00a0APPLICATION OF ARTICLE 41 OF THE CONVENTION<\/p>\n<p>72.\u00a0\u00a0Article 41 of the Convention provides:<\/p>\n<p>\u201cIf the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party.\u201d<\/p>\n<p><strong>A.\u00a0\u00a0Damage<\/strong><\/p>\n<p>73.\u00a0\u00a0The applicant claimed 9,000 euros (EUR) in respect of non\u2011pecuniary damage. He pointed out that the restriction of his right to freedom of assembly had been part of a series of such restrictions, and had thus caused him a heightened sense of distress and frustration.<\/p>\n<p>74.\u00a0\u00a0The Government submitted that there were no grounds to make an award in respect of the rally planned for 12 September 2007, as the Court had already dealt with that rally in United Macedonian Organisation Ilinden and Ivanov (no. 2) (cited above). The effect of that judgment extended also to persons who, though not party to the proceedings in that case, hadassociated themselves with Ilinden and had raised identical complaints. In any event, the claim was exorbitant; a finding of a violation would in the circumstances constitute sufficient just satisfaction.<\/p>\n<p>75.\u00a0\u00a0The Court notes that in this case, the award of just satisfaction can only be based on the breaches of Articles 11 and 13 of the Convention in relation to the rally planned for 30 September 2006. That said, the applicant must havesuffered frustration from the unjustified restriction in September 2006 of his right to freedom of assembly on account of his historical and political views, which came after two previous restrictions, likewise found by the Court to be in breach of Article 11 (see Ivanov and Others, cited above, \u00a7\u00a758-65) and from the lack of an effective remedy in that respect.In those circumstances, the Court awards him EUR6,000, plus any tax that may be chargeable.<\/p>\n<p><strong>B.\u00a0\u00a0Costs and expenses<\/strong><\/p>\n<p>76.\u00a0\u00a0The applicant sought reimbursement of EUR 2,940 in respect of the fees charged by histwo representativesfor forty-two hours of work on the case, at EUR 70 per hour. He requested that any award under this head be made directly payable to the Bulgarian Helsinki Committee. In support of his claim, he submitted a time-sheet for the work of his representatives.<\/p>\n<p>77.\u00a0\u00a0The Government submittedthat there was no proof that the applicant had in fact incurred the fees claimed by him. They were far higher than the rates under Bulgarian law and out of tune withthe economic realities in the country. Also, the number of hours claimed on the case was unreasonable in view of its limited complexity.<\/p>\n<p>78.\u00a0\u00a0As regards the costs referable to thecomplaints relating to the rally planned for 30 September 2006, in respect of which the Court foundbreaches of Articles 11 and 13, the Court notes that according to itssettled case-law, costs and expenses are recoverable under Article 41 if it is established that they were actually and necessarily incurred and are reasonable as to quantum.<\/p>\n<p>79.\u00a0\u00a0As for the costs referable to the part of the application which was struck out, under Rule 43 \u00a7 4 of the Rules of Court they are at the Court\u2019s discretion (see Sisojeva and Others, cited above, \u00a7\u00a7 130-31). The applicable principlesare however essentially the same as those under Article 41 (ibid., \u00a7\u00a0133).<\/p>\n<p>80.\u00a0\u00a0A representative\u2019s fees are actually incurred if the applicant has paid them or is liable to pay them (see Luedicke, Belkacem and Ko\u00e7 v.\u00a0Germany (Article 50), 10 March 1980, \u00a7 15, Series A no. 36; Artico v. Italy, 13\u00a0May 1980, \u00a7 40, Series A no. 37; and Airey v. Ireland (Article 50), 6\u00a0February 1981, \u00a7 13, SeriesA no. 41), even if that liability is under a conditional-fee agreement, so long as that agreement is enforceable in the respective jurisdiction (see Ivanova and Cherkezov v.Bulgaria, no. 46577\/15, \u00a7\u00a089, 21\u00a0April 2016).<\/p>\n<p>81.\u00a0\u00a0The applicant did not submit any documents showing that he had paid or was under a legal obligation to pay the fees whose reimbursement he sought, and thereis therefore no proof that the costs claimed by him were actually incurred.His claim must therefore be rejected.<\/p>\n<p><strong>C.\u00a0\u00a0Default interest<\/strong><\/p>\n<p>82.\u00a0\u00a0The Court considers it appropriate that the default interest rate should be based on the marginal lending rate of the European Central Bank, to which should be added three percentage points.<\/p>\n<p><strong>FOR THESE REASONS, THE COURT, UNANIMOUSLY,<\/strong><\/p>\n<p>1.\u00a0\u00a0Decides to strike the complaints under Article 11 and 14 of the Convention relating to the rally planned for 12September 2007 out of its list of cases;<\/p>\n<p>2.\u00a0\u00a0Declaresthe complaints relating to the exercise of the applicant\u2019s right to freedom of peaceful assembly in relation to the rally planned for30\u00a0September 2006, and the alleged lack of an effective remedy in that respect admissible, and the complaint concerning the alleged lack of an effective remedy in relation to the rally on 12 September 2007 inadmissible;<\/p>\n<p>3.\u00a0\u00a0Holdsthat there has been a violation of Article 11 of the Convention;<\/p>\n<p>4.\u00a0\u00a0Holdsthat there has been a violation of Article 13 of the Convention;<\/p>\n<p>5.\u00a0\u00a0Holdsthat there is no need to examine the admissibility or merits of the complaint under Article 14 of the Convention;<\/p>\n<p>6.\u00a0\u00a0Holds<\/p>\n<p>(a)\u00a0\u00a0that the respondent State is to pay the applicant, within three monthsfrom the date on which the judgment becomes final in accordance with Article44\u00a72 of the Convention, EUR 6,000 (six thousand euros), plus any tax that may be chargeable, in respect of non-pecuniary damage, to be converted into the currency of the respondent State at the rate applicable at the date of settlement;<\/p>\n<p>(b)\u00a0\u00a0that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amount at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points;<\/p>\n<p>7.\u00a0\u00a0Dismissesthe remainder of the applicant\u2019s claim for just satisfaction.<\/p>\n<p>Done in English, and notified in writing on 11 January 2018, pursuant to Rule 77 \u00a7\u00a7 2 and 3 of the Rules of Court.<\/p>\n<p>Claudia Westerdiek\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Angelika Nu\u00dfberger<br \/>\nRegistrar\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 President<\/p>\n<div class=\"social-share-buttons\"><a href=\"https:\/\/www.facebook.com\/sharer\/sharer.php?u=https:\/\/laweuro.com\/?p=9494\" target=\"_blank\" rel=\"noopener\">Facebook<\/a><a href=\"https:\/\/twitter.com\/intent\/tweet?url=https:\/\/laweuro.com\/?p=9494&text=CASE+OF+KIRIL+IVANOV+v.+BULGARIA+%28European+Court+of+Human+Rights%29\" target=\"_blank\" rel=\"noopener\">Twitter<\/a><a href=\"https:\/\/www.linkedin.com\/shareArticle?url=https:\/\/laweuro.com\/?p=9494&title=CASE+OF+KIRIL+IVANOV+v.+BULGARIA+%28European+Court+of+Human+Rights%29\" target=\"_blank\" rel=\"noopener\">LinkedIn<\/a><a href=\"https:\/\/pinterest.com\/pin\/create\/button\/?url=https:\/\/laweuro.com\/?p=9494&description=CASE+OF+KIRIL+IVANOV+v.+BULGARIA+%28European+Court+of+Human+Rights%29\" target=\"_blank\" rel=\"noopener\">Pinterest<\/a><\/div>","protected":false},"excerpt":{"rendered":"<p>FIFTH SECTION CASE OF KIRIL IVANOV v. BULGARIA (Application no. 17599\/07) JUDGMENT STRASBOURG 11 January 2018 FINAL 11\/04\/2018 This judgment has become final under Article 44 \u00a7 2 of the Convention. It may be subject to editorial revision. In the&hellip;<\/p>\n<p class=\"more-link-p\"><a class=\"more-link\" href=\"https:\/\/laweuro.com\/?p=9494\">Read more &rarr;<\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-9494","post","type-post","status-publish","format-standard","hentry","category-available-in-english"],"_links":{"self":[{"href":"https:\/\/laweuro.com\/index.php?rest_route=\/wp\/v2\/posts\/9494","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/laweuro.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/laweuro.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/laweuro.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/laweuro.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=9494"}],"version-history":[{"count":1,"href":"https:\/\/laweuro.com\/index.php?rest_route=\/wp\/v2\/posts\/9494\/revisions"}],"predecessor-version":[{"id":9495,"href":"https:\/\/laweuro.com\/index.php?rest_route=\/wp\/v2\/posts\/9494\/revisions\/9495"}],"wp:attachment":[{"href":"https:\/\/laweuro.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=9494"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/laweuro.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=9494"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/laweuro.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=9494"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}