Yordanovi v. Bulgaria, No. 11157/11, ECtHR (Fifth Section), 3 September 2020

Criminal proceedings for attempting to set up a political party on a religious basis. Freedom of assembly and association for the members of an ethnic-religious minority.

Art. 11 ECHR

1. A criminal conviction represents one of the most serious forms of interference with the right to freedom of association, one of whose objectives is the protection of opinions and the freedom to express them, especially when political parties are concerned.

2. The criminal sanctions following an attempt to set up a religiously-oriented political party are not necessary in a democratic society, insofar as the authorities’ aim to ensure the peaceful coexistence of ethnic and religious groups can be achieved by simply refusing to register the would-be party or by dissolving it if it is declared unconstitutional by the Constitutional Court.
(In the present case the Court found that the criminal proceedings brought against two Bulgarian nationals, who belong to the Turkish-Muslim minority, for seeking to set up a political party based on religion entails a violation of Article 11 ECHR).