Bulgaria / Administrative Court - Pazardzhik / Decision No 934 of 15 December 2021 on administrative case No 340/2021, ECLI:BG:AD715:2021:20210700340.001

Country

Bulgaria

Title

Bulgaria / Administrative Court - Pazardzhik / Decision No 934 of 15 December 2021 on administrative case No 340/2021, ECLI:BG:AD715:2021:20210700340.001

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Year

2021

Decision/ruling/judgment date

Wednesday, December 15, 2021

Incident(s) concerned/related

Discrimination

Related Bias motivation

Religion

Groups affected

Muslims

Court/Body type

National Court

Court/Body

Administrative Court - Pazardzhik (Административен съд - Пазарджик)

Key facts of the case

The case concerns the discrimination of a Muslim prisoner. The applicant, a Muslim serving a prison sentence, had his beard shaved off against his will. The shaving was done for no medical or hygiene reasons, despite the applicant’s verbal refusals, and while he was bound and handcuffed. The applicant claimed that the shaving was an act of discrimination that violated his human dignity and caused him to feel inferior and powerless. Based on the applicant’s complaint, the equality body sanctioned the prison to pay a fine. Consequently, the court awarded the applicant compensation for the damage suffered.

Main reasoning/argumentation

According to the court, the act of forcibly shaving the applicant’s beard constituted direct discrimination on the ground of religion. The applicant was put in a situation of less favourable treatment in comparison with other persons serving a prison sentence in the same prison, who had beards but were not Muslims practising Islam. According to the court, there is a causal link between the discriminatory act and the applicant’s religion. The applicant's forced shaving in the presence of prison officers and other prisoners points to his religion as the sole reason motivating his unfavourable treatment.

Is the case related to the application of the Framework Decision on Racism and Xenophobia, the Racial Equality Directive?

Key issues (concepts, interpretations) clarified by the case

The case clarifies the concept of direct discrimination on the ground of religion. The court’s conclusion is based on comparing the treatment of different persons in a similar situation. According to the court, the fact that the applicant’s beard was shaved off while other prisoners in the same prison had beards without being Muslims pointed to an act of discrimination. Another key issue is the interpretation of the manner of committing the act (by force in the presence of prison officers and other prisoners) as an indication that the applicant’s religion was the sole reason for his unfavourable treatment.

Results (sanctions, outcome) and key consequences or implications of the case

The court awarded the applicant compensation of BGN 3,000 (approximately €1,500). On appeal, the compensation was reduced to BGN 1,000 (approximately €500). The decision of the second-instance court is available at https://info-adc.justice.bg/courts/portal/edis.nsf/e_case.xsp?id=448497&code=vas.

Key quotation in original language and its unofficial translation into English with reference details

Прието е, че [заявителят] се е намирал в положение на по-неблагоприятно третиране на основата на заявеното качество „религия“, попадащо под квалификацията „защитен признак“, отколкото е, било е или би било третирано друго лице в сравнима ситуация, при сравнителни други лица, изтърпяващи наказание „лишаване от свобода“ в затвора гр. Ловеч, които са с брада, но не са мюсюлмани, изповядващи религия ислям. Според съда, налице е причинна връзка между дискриминационното деяние и защитения признак. Принудителното обръсване на заявителя по устно нареждане на служител на затвора, въпреки направеното оспорване от него с мотив носене на брада по религиозни съображения, което обръсване е извършено в присъствие на служители на затвора и други лишени от свобода, сочи на защитения признак като единствено обстоятелство, мотивиращо процесното неблагоприятно третиране. It was held that [the applicant] was in a situation of less favourable treatment on the basis of the characteristic "religion" falling under the qualification "protected characteristic" than other persons in a comparable situation are, were or would have been treated, such as other persons serving a custodial sentence in the prison of the city of Lovech, who are bearded but are not Muslims practising the religion of Islam. According to the court, there is a causal link between the discriminatory act and the protected characteristic. The applicant's forced shaving on the verbal orders of a prison officer, despite his objection on the ground of wearing a beard for religious reasons, and the fact that the shaving was carried out in the presence of prison officers and other prisoners, pointed to the protected characteristic as the sole circumstance motivating the unfavourable treatment.

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