In a comparison of the "legal situation for homosexuals in Europe," the European Region of the International Lesbian and Gay Association reported that in Bulgaria there was no ban on homosexuality; that there was an age of consent of 14 years for heterosexual activity and 18 years for both gays and lesbians; and that "'homosexual contacts practised in a scandalous way', and 'seduction into perversion' are offences" (Oct. 1998).

The following English language version of Section 157 of Bulgaria's Penal Code was obtained from a website issue of Euro-Letter of the European Region of the International Lesbian and Gay Association and written by Nikolai Zhorov Georgiev, in January 1998:

PENAL CODE, Division VIII - Debauchery Article 157

(1) (OG, issue 28 from 1982) Whoever commits a sexual intercourse or acts of sexual satisfaction with a person from the same sex with the use of force or intimidation, or uses a position of dependence or supervision, or with a person deprived of ability for self-defence, is punished with imprisonment from 1 to 5 years and with public censure;

(2) (OG, issue 28 from 1982, issue 89 from 1986, issue 62 from 1997) The same punishment is imposed on the one who commits homosexual acts with a person not completed 16 years of age;

(3) (OG, issue 89 from 1986) The punishment according (1) is also imposed on a person of age who has committed such homosexual acts with a person not of age or with a person who could not understand the nature and the significance of the deed;

(4) (OG, issue 89 from 1986) Whoever does homosexual acts in public or in a scandalous way or in a way to lure somebody else into the way of perversion is punished with imprisonment up to 2 years or with correctional labor, and with public censure;

(5) (OG, issue 28 from 1982, issue 89 from 1986)Whoever commits homosexual acts with the aim to obtain a real estate gain or with such an aim lures somebody else into such acts, and the one who lures somebody else into homosexual acts through giving or promising gain is punished with imprisonment up to 3 years and a fine up to 600 leva, whenever the court may enact a compulsory settlement.

Georgiev also stated that the age referred to in (3) was changed in the summer of 1998 from 14 to 16 years (ibid.).

The International Lesbian and Gay Association (ILGA) reported in 1998 that:

In September, the European Parliament adopted...a Resolution reaffirming the Parliament's defence of the human rights of gays and lesbians.... In this resolution, the EP firmly expressed its refusal to 'give its consent to the accession of any country that, through its legislation or policies, violates the human rights of lesbians and gay men.' The countries concerned are Cyprus, Romania, Bulgaria, Estonia, Hungary, and Lithuania.

The Rex Wockner News Service also reported, on 28 September 1998, that the European Parliament had passed this resolution.

The Rex Wockner News Service reported on 9 April 1997 that "the Bulgarian gay organization and erotica company Flamingo Agency says it was again raided by police March 4." The founder, Angel Borislavov Bliznachki, alleged "ill-treatment" by police and has stated that he will try to emigrate from Bulgaria with family members and others associated with Flamingo (ibid.). However, another gay man from Sofia has challenged Bliznachkis story (ibid.) Nikolai Georgiev stated:

I claim that what he has written is rudely exaggerated and the actual reasons for which the police searched his office were omitted. The reasons are quite obvious and they were printed in most all daily private newspapers. In Bulgaria, 'Flamingo' is known under 'Erotic Center Flamingo' where one may pay and watch porno movies or have sex. Police have found enough proof to accuse Mr. Bliznachki of producing porno movies. At the beginning, Flamingo's idea and its realization was good but as time passed it became more and more corrupt. (ibid.)

The Rex Wockner News Service stated that Bliznachki has not responded to Georgiev's statement or e-mail questions (ibid.). NewsPlanet also reported on the allegations by Angel Bliznachki of police "mistreatment" (28 Mar. 1997).

There are also reports of organizations which homosexuals can turn to for information and/or assistance. While ILGA stated in a 2 February 1999 e-mail letter to the Research Directorate that "there is no visible support for lesbian or gay rights," it stated that according to a "1997/98 guidebook" two organizations existed for "AIDS prevention and treatment," which are: "BULGA, P.O. Box 32, 1330 Sofia, Tel. 02/585271, Fax. 02/443804 and Kiss/Contact, P.O. Box 63, 1680 Sofia, Tel. 02/227606, Fax. 02/565856." In the January - March 1998 issue of ILGA Bulletin there is also a report that "there are attempts to revive the Bulgarian gay organization GEMINI, which was the first one to be officially registered, in September 1992." Described as "a small group of activists," the contact address is given as: Nikolai Georgiev, P.O.Box 123, BG-1784 Sofia, Bulgaria." There is also a Website of the same name that states:

The aim of the BGO [Bulgarian Gay Organization] 'GEMINI' is to protect the rights of its members, to fight against all forms of legal, social, cultural and economic discrimination and prosecution against them, to assist and support them, as well as to promote greater tolerance from the entire society towards this specific group of the population in the country (n.d.).

Please refer to the two attached pages from the organization's Website for information on its "strategies, aims and goals" and a description of a safe-sex project that it claims is funded through UNAIDS. In the time available the Research Directorate has been unable to determine whether the project is underway and whether GEMINI is active beyond its Website.

There is another Website known as "bulgayria" which is targeted at Bulgaria's homosexual community and includes personal ads and a message board for communication within the community (1 Dec. 1998). Please refer to the attachment for details of homosexual private clubs, discos and sex shops in Bulgaria.

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.

Bulgarian Gay Organization (BGO) Gemini. n.d. "Statutes, Aims and Goals." [Internet] www.angelfire.com/or/bgogemini/english.html [Accessed 25 Jan. 1999]

Bulgayria. 1 December 1998. "Bulgaria Gay Guide." [Internet] 204.203.55.112/b/body11.htm [Accessed 25 Jan. 1999]. 3 pages.

Euro-Letter. January 1998. Nikolai Zhorov Georgiev. European Region of the International Lesbian and Gay Association. "Penal Code and Homosexuality in Bulgaria." [Internet] www.qrd.org/orgs/ILGA/euroletter [Accessed 1 Feb. 1999]

The European Region of the International Lesbian and Gay Association. October 1998. "Comparative Survey of the Legal Situation for Homosexuals in Europe." [Internet] inet.uni2.dk/~steff [Accessed 1 Feb. 1999]

GEMINI, Bulgaria. n.d. "Statutes, Aims and Goals." [Internet] www.angelfire.com/or/bgogemini [Accessed 25 Jan. 1999]

_____. n.d. "Project of Bulgarian Gay Organization 'GEMINI,' 'Safer Sex Pays Best'." [Internet] www.angelfire.com/or/bgogemini [Accessed 25 Jan. 1999]

_____. n.d. "About Us." [Internet] www.angelfire.com/or/bgogemini [Accessed 25 Jan. 1999]

International Gay and Lesbian Association (ILGA), Brussels. 2 February 1999. E-mail to the Research Directorate.

ILGA Bulletin [Brussels]. 1998. Issue 3. "European Parliament Adopts Urgency Resolution on Equal Rights for Gays and Lesbians in the EU."

_____. January - March 1998. Issue 1. "Bulgarian Gay Group Requests Material."

NewsPlanet. 28 March 1997. "Bulgarian G/L Center Raided." [Internet] www.planetout.com/pno/news [Accessed 1 Feb. 1999]

Rex Wockner News Service. 28 September 1998. "International News: Euro Parliament Denounces Anti-Gay Nations." [Internet] www.qrd.org/world/wockner/news [Accessed 29 Jan. 1999]

_____. 9 April 1997. "Bulgarian Gay Agency Raided Again." [Internet] www.qrd.org/world/wockner/news [Accessed 1 Feb. 1999]

Bulgayria. 1 December 1998. "Bulgaria Gay Guide." [Internet] 204.203.55.112/b/body11.htm [Accessed 25 Jan. 1999]. Pp. 1-3

GEMINI, Bulgaria. n.d. "Statutes, Aims and Goals." p. 1. [Internet] www.angelfire.com/or/bgogemini [Accessed 25 Jan. 1999]

_____. n.d. "Project of Bulgarian Gay Organization 'GEMINI,' 'Safer Sex Plays Best'." p. 1. [Internet] www.angelfire.com/or/bgogemini [Accessed 25 Jan. 1999]