The Bulgarian Helsinki Committee strongly condemns the destruction of homes in Stara Zagora, after the mayor ordered the razing of over 50 homes in the city. The order was given after the mayor determined that the homes were built illegally – a tenuous claim that defies European Court of Human Rights precedent.

Inconsistent and unceremonious behavior

The authorities are not entitled to destroy the long-standing family homes without providing an alternative shelter for the children, the elderly, the disabled, the extremely poor and the other vulnerable victims of the destruction. These homes had existed with the tacit consent of the local government, which not only failed to prevent their occupation, but also officially approved it by issuing identity cards with the corresponding addresses and by collecting municipal bills for the properties.

The inconsistent and unceremonious behavior of the authorities severely violates the fundamental rights of those affected, including their right to a home and respect for their privacy and family, rendering them homeless and vulnerable. This contemptible action constitutes a violation of the European Convention on Human Rights (the Convention) and breaches Court of Human Rights precedent.

Bulgaria: a repeat offender

The European Court of Human Rights ruled on the same mistreatment of people in the case Yordanova and Others v. Bulgaria in April 2012. The court ruled against the country even though it had not destroyed the homes of applicants, but had tried to do so. The attempts of the authorities in Sofia to remove Roma homes from "Batalova mill" neighborhood in 2005 and 2008 constituted a violation of Article 8 of the Convention - the right to a home and to respect for private and family life.

The Court explicitly stated that the state is required to take responsibility for its own contribution to the existence of such housing in the first place, and to consider and be responsible for the consequences if such housing should be legally removed – namely the resulting homelessness. The Court instructed Bulgaria to amend the Municipal Property Act, which provides for indiscriminate evictions. Bulgaria not only did not fulfill this obligation, it invoked the same law and repeated the violation in the current case. This uncivilized and deliberate behavior is not based on the rule of law at all. International law is above the Municipal Property Act, as stated in the Bulgarian Constitution.

Institutionalized racial violence

The public, ostentatious destruction of homes as a spectacle was meant to derive political dividends by fanning popular anti-Roma feelings. This is a clear form of institutionalized racial violence and it constitutes degrading treatment under Article 3 of the European Convention on Human Rights. It is hard to imagine that the authorities would allow the brutal spectacle of mass destruction of homes and possessions of non-Roma people in front of journalists' cameras, without any compensation or alternative shelter for the victims.

Forcing people into homelessness does not solve social problems, but instead creates them. The irresponsible behavior of the state will not only lead to more rulings against Bulgaria, but also to serious consequences for the society in the long run. The children who are victims of this institutionalized abuse already have a traumatic fate that will alienate them from society.

We urge the authorities of Stara Zagora to immediately suspend any further destruction of homes and offer alternative housing to the affected families.

BHC will provide legal representation to those affected who contact us for the purpose of filing a lawsuits against the state.

The full text of the decision on the case Yordanova and Others v. Bulgaria can be found on the Court's website