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Supreme Holy Council of the Muslim Community v. Bulgaria, No. 39023/97, ECtHR (First Section), 16 December 2004

Date
16/12/2004
Type Judgment
Case number 39023/97

Abstract

State interference with the internal organisation and leadership of a Muslim religious community.

Normative references

Art. 9 ECHR

Ruling

1. Although freedom of religion is primarily a matter of individual conscience, an ecclesiastical or religious body may also, as such, exercise on behalf of its adherents the rights guaranteed under Article 9 of the Convention.

2. State authorities may be required to engage in mediation among leaders or groups in a religious community divided into opposing factions. However, they must discharge such a duty with caution as this is a particularly delicate area.
(In the present case, the Court unanimously found that the Government decision to grant legal recognition to the new leadership as the sole representative of the Muslim community in Bulgaria, thus excluding and depriving the other group of leaders of the possibility of continuing to manage autonomously the affairs and assets of that part of the community which supports it, entails a violation of Article 9 ECHR).