The Research Directorate found only one report among sources consulted of an incident occurring near Karlovo, Bulgaria that involved Roma. Reported by the Bulgarian Helsinki Committee, "a 10-year old Roma from the village of Rozino, near Karlovo, was shot and killed ... presumably by guards of the local farm co-operative who were chasing thieves" (Mar. 1999, 15). There was no mention of skinheads in this report.

In addition to incidents mentioned in earlier Responses including BGR35304.E of 12 September 2000, BGR30858.E of 12 January 1999 and BGR25343.E of 8 November 1996, the Research Directorate found a number of other reported cases of skinhead attacks on Bulgaria's Roma. On 18 June 1996, "three Roma were attacked by a group of about 20 skinheads in the town of Samokov in west-central Bulgaria" (ERRC Autumn 1996). While two of the three were beaten, the Human Rights Project, a Bulgarian NGO, reported no arrests in connection with this incident (ibid.). A 9 December 1996 case saw the killing of Emil Trifonov by five skinheads at Belovo railway station in central Bulgaria (ibid. Summer 1997). In this case, however, the perpetrators of the attack were arrested and the prosecuting attorney characterized "the offence as racially motivated" (ibid.). According to the ERRC, this became "the first (known) case in Bulgaria which resulted in the conviction of the perpetrators of racially-motivated violence against Romani"(ibid.).

In 2000, a "Roma vagrant" was set on fire by, reportedly, a "neo-fascist group of skinheads" (BHC Mar. 2001). Several cases evidence what the BHC called "increased activity of criminal racist bands, such as skinheads" (ibid. Mar. 2002). Assan Anguelov was beaten unconscious in a Kazanlak schoolyard by "four Bulgarian boys ... who reportedly associate[d] with a local skinhead group" (ERRC 2001a). Also occurring in 2001, two Romani men were reportedly assaulted by "approximately twenty young Bulgarians ... armed with axes and baseball bats" with "some" attackers identified as skinheads (ibid. 2001b). The BHC reported:

Rough treatment, muggings, and violence against Roma and black foreigners became more frequent in the second half of 2001. Some of the attacks ended in serious injuries and permanent crippling of the victims. On 21 August in Sofia, a 5-year old homeless Roma girl was beaten by skinheads. As a result of the beatings, the girl's right hand was nearly cut off at the wrist and she was left with many other injuries on all parts of her body (Mar. 2002).

With respect to state protection of Roma, and according to the Open Society Institute's Monitoring the EU Accession Process report for 2001:

Although the Penal Code envisages criminal responsibility for racially motivated violence and for some forms of hate speech (Art 162), such crimes are actually punished less severely than ordinary crimes of the same nature. This, combined with a general reluctance among prosecutors to bring such cases, has resulted in lack of enforcement of these provisions, despite evidence of frequent cases of racially motivated violence against Roma, including by law-enforcement and other state officials.

Art. 162 of the Penal Code punishes crimes "of general nature ", i.e. they are prosecuted by public prosecutors; private prosecution is not possible. However, there are no prosecutors with special responsibilities for the enforcement of laws prohibiting racial discrimination or racially motivated violence. According to official statistics, since 1990 public prosecutors have instituted no criminal proceedings and no one has been sentenced under Art. 162.

After a police raid in the Roma neighbourhood of Mechka in July 1998, when dozens of innocent people were beaten up and their property destroyed, several Roma received threats of violent attack from their Bulgarian fellow villagers. On their request that the District Prosecutor of Pleven instigate criminal proceedings under Art. 162, he refused, arguing that they were confusing the terms "nationality and race " with "ethnos and ethnic ", i.e. that the crime envisaged by Art. 162 does not apply to ethnic groups (May 2001, 99).

...

In addition to violent attacks by police, private groups also attacked Roma neighbourhoods or individual Roma, beat and otherwise abused people, and destroyed property. Human rights monitors from non-governmental organisations documented at least five such raids of private groups in Roma neighbourhoods between 1992 and 2000. Roma are also the frequent target of attacks by skinheads and other racist groups. At least four Roma lost their lives as a result of such attacks between 1994 and 1999, in addition to many others who were physically abused in a variety of ways (ibid. 101).

...

Despite concerns about violence of this kind, expressed by both domestic and international organisations for many years, and the numerous allegations made by victims, prosecution authorities and police have remained indifferent ... (ibid. 102).

...

Police and prosecution authorities have failed to protect Roma in cases of mob violence, by not responding to calls for action or by failing to prosecute perpetrators. In those few cases in which private racist attacks against individuals have been investigated, the perpetrators have received minimal punishments.

The low rate of prosecution of racist violence was a principal concern expressed by the UN CERD in 1997, concluding that in Bulgaria it seems that "such crimes against ethnic minorities are not considered to pose a significant danger to public order "and recommending the education and sensitisation of law enforcement officials about the excessive use of force. Despite this recommendation, there have been no attempts to train teachers, law enforcement officers and other public officials in non-discriminatory norms and practices. In 1999, the UN Committee Against Torture ... noted "continuing reporting from reliable non-governmental organisations on ill-treatment by public officials, particularly the police, especially against persons belonging to ethnic minorities." Both cases decided by the ECHR in Strasbourg, involving Roma victims, Assenov v. Bulgaria and Velikova v. Bulgaria, condemned Bulgaria for failing to adequately investigate and offer effective remedy for official violence (ibid. 103).

In the Bulgarian Helsinki Committee's assessment, "[i]n a general sense, 2001 was not a good year for Bulgarian citizens who belong to ethnic, religious, and linguistic minorities. Nothing was done to achieve their protection from discrimination or for the promotion of their cultural, religious, or linguistic identity" (BHC Mar. 2002).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.

References

Bulgarian Helsinki Committee (BHC). March 2002. Human Rights in Bulgaria in 2001. http://www.bghelsinki.org/en/annual/2001.htm [Accessed 24 June 2002]

_____. March 2001. Human Rights in Bulgaria in 2000. http://www.bghelsinki.org/en/annual/2000.htm [Accessed 24 June 2002]

_____. March 1999. Human Rights in Bulgaria in 1998. http://www.bghelsinki.org/en/annual/1998.pdf [Accessed 24 June 2002]

European Roma Rights Center (ERRC). 2001a. No. 4. "Racially Motivated Attacks Against Roma in Bulgaria." http://www.errc.org/rr_n4_2001/snap25.shtml [Accessed 24 June 2002]

_____. 2001b. No. 2-3. "Racist Attacks in Bulgaria." http://www.errc.org/rr_n2-3_2001/snap19.shtml [Accessed 24 June 2002]

_____. Summer 1997. "Legal Defence." http://www.errc.org/rr_sum1997/legalde2.shtml [Accessed 24 June 2002]

_____. Autumn 1996. "Skinhead Attack in Bulgaria." http://www.errc.org/rr_aut1996/snap7.shtml [Accessed 24 June 2002]

Open Society Institute (OSI). May 2001. EU Accession Monitoring Program: Minority Protection. "Minority Protection in Bulgaria." http://www.eumap.org/reports/content/10/100/minority_bulgaria.pdf [Accessed 21 June 2002]

Additional Sources Consulted

IRB Databases

Internet sites including:

All the Web

Amnesty International

Balkan Human Rights Web

Council of Europe

Country Reports (2000-2001)

European Country of Origin Information Network

European Union. Commission on European Communities. 2001 Regular Report on Bulgaria's Progress Towards Accession.

Google

Government of Bulgaria

Greek Helsinki Committee

Human Rights in Europe- EUMAP

Human Rights Watch

MINELRES-L Listserve

Multicultural.net

Patrin Web Journal

UNHCR

World News Connection