Genov and Sarbinska v. Bulgaria, No. 52358/15, ECtHR (Fourth Section), 30 November 2021

Freedom of expression and unjustified conviction for spray-painting a monument connected to communist regime in the context of political protest

Art. 10 ECHR

1. The act carried out by the applicants sought to condemn the overall role which that political party, which had ruled during the communist regime, and the “partisans” associated with it, had played in Bulgaria’s history. It can thus hardly be said that it was meant to express disdain for deep-seated social values – in contrast to, for instance, the desecration of tombstones.

2. It should also be noted in this connection that the monument had been put up during the communist regime in Bulgaria, and was clearly connected to the values and ideas for which that regime stood. It can thus hardly be seen as enjoying universal veneration in the country. The first-instance court dealing with the case against the applicants specifically underlined the intense public debate about the regime’s legacy and in particular about the fate of the monuments remaining from it. It cannot be overlooked in that connection that Bulgaria’s legislature has condemned that regime as “criminal” and has formally branded the Bulgarian Communist Party, which dominated the country throughout that regime, as a “criminal organisation ... aimed at supressing human rights and the democratic system”.

3. It follows that the interference with the applicants’ right to freedom of expression – the finding that they were guilty of hooliganism and the resultant fines – has not been shown to be “necessary in a democratic society” within the meaning of Article 10 of the Convention. There has therefore been a breach of that provision.