The European Court of Human Rights defended the freedom of protest by painting the monument in front of the BSP
The European Court of Human Rights (ECtHR) in Strasbourg condemn Bulgaria to pay a little over 12,000 euros in the case filed by activists Asen Genov and Tsvetelina Serbinska. They sent the state to court after they were found guilty of painting the guerrilla monument in front of the BSP headquarters on Positano 20 in the capital on November 7, 2013. The ECtHR found that the applicants’ freedom of speech had been violated. The monument dawns with a pink inscription “WHO? PA – SHAME! WHO!”.
Part of the compensation now determined by Strasbourg is for property damage, another part – 4,000 euros for each, is for non-property damage. A little over 2,200 euros are for the costs of the case.
In June 2013, Delyan Peevski was appointed chairman of SANS, leading to strong anti-government protests in the country that lasted for months. Blogger Genov and Srbinska are participants in the demonstrations, both active members of the Protest Network, which coordinated the protests. In the wee hours of November 7, 2013, Genov and Srbinska were detained in the area of Positano 20 and spray and latex gloves were found in them. Four more people were present at the scene, but they refused to be checked. In February 2014, they were charged with hooliganism. On October 31, 2014, the Sofia District Court acquitted you on the grounds that there was no evidence that they had spray-painted the monument. The court also held that even if they were, this act was not hooliganism but a non-verbal expression of political views that their right to freedom of expression should be protected, otherwise it would mean criminal repression for political purposes.
The prosecution initially protested the decision, but did not uphold the charge at second instance. However, the Sofia City Court annulled the act of the district court and sanctioned the two administratively with fines of BGN 1,500 each.
The ECtHR argued that the painting of the monument was a sign of political protest and did not damage it. The magistrates also note that the monument in front of the BSP headquarters was erected during the communist regime in Bulgaria and is clearly linked to its values and ideas.
In 2017, Genov won a lawsuit against Bulgaria in Strasbourg for restricting his religious freedom as a follower of Lord Krishna. He will receive 2,000 euros from the state for non-pecuniary damages and 1,280 euros for court costs.
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