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Resolution 1211 (2000)
Honouring of obligations and commitments by Bulgaria
1. Referring to the two reports by the Monitoring
Committee on Bulgaria’s honouring of obligations and commitments 
, the Assembly is convinced that Bulgaria is committed to
democratic reform and welcomes a number of major steps forward on the road to
democracy, which include:
, the Assembly is convinced that Bulgaria is committed to
democratic reform and welcomes a number of major steps forward on the road to
democracy, which include:1.1. the abolition of
the death penalty and the ratification of Protocol No. 6 to the European
Convention on Human Rights;
1.2. the adoption of a law on alternative service;
1.3. the functioning of three court levels as provided for in the
constitution;
1.4. the role played by President Stoyanov in the adoption of legislation
in line with Council of Europe standards, including in the spheres of the media
and the judicial system;
1.5. the adoption of amendments to current legislation on provisional
detention and the transfer of the responsibility for provisional detention
centres to the Ministry of Justice and Legal Euro-Integration;
1.6. the government initiative to no longer apply the prison sentences
provided for in the Criminal Code for Libel and Defamation;
1.7. the ratification of the Framework Convention for the Protection of
National minorities;
1.8. the holding of municipal elections in October 1999, which were
considered "well organised and satisfactory" by the Congress of Local and
Regional Authorities of Europe (CLRAE);
1.9. the registration of Jehovah’s Witnesses;
1.10. progress in the area of freedom of conscience and religion, despite
widening rifts within the Orthodox Church and the Muslim religious
community;
1.11. efforts on the part of the government to combat crime and corruption
and to improve prison conditions;
1.12. the removal of compulsory licensing for Internet providers, and the
removal of forty-six other permits and licensing regulations out of a total of
268;
1.13. the agreements on languages concluded with "the former Yugoslav
Republic of Macedonia" on 22 February 1999;
1.14. confirmation of the country’s interest in membership of the European
Union and of Nato, and its contribution to a peaceful settlement of the Kosovo
conflict.
2. The Assembly also appreciates Bulgaria’s stabilising role
in the Balkans.
3. However, the Assembly also notes a number of
outstanding concerns and worrying trends:
3.1. the influence of the governing party over the public media with the
change in membership of the National Radio and Television Council and the
current procedure of licensing by a government appointed body;
3.2. the insufficient implementation of minorities’ constitutional rights
as regards education and information in their mother tongue through electronic
media;
3.3. the generalisation of corruption resulting in particular from illegal
practices in privatisation, excessive licensing and various immunities enjoyed
by judges, prosecutors and investigators;
3.4. the control exercised by the executive on the twenty-eight districts
recently established;
3.5. the continued policy of dismissals of civil servants and corporate
chief executives and the excessive time taken for their appeals to be
heard;
3.6. the delays in modernising labour legislation and improving
pensioners’ living standards;
3.7. continuing cases of police brutality, particularly towards
Roma;
3.8. the increasing divide within society, mirroring the lack of dialogue
between the governing majority and the opposition, and the rifts within the
Bulgarian Orthodox Church and the Muslim religious community.
4. The Assembly, therefore, launches an appeal to the
Bulgarian authorities to take the following steps in the near future, the
implementation of which it will closely follow:
4.1. the Bulgarian National Assembly should take into account the present
report and hold a debate on its conclusions;
4.2. it should take greater account of European standards and the opinions
of Council of Europe experts on the draft laws it examines;
4.3. the independence of the judiciary and of the media with regard to the
executive authorities should be guaranteed and a greater diversity of opinion
on national television should be ensured;
4.4. the rights of the persons belonging to minorities, especially as
regards education and broadcasting in their mother tongue, should be improved
and respected; minorities should be better represented in the police and the
public services;
4.5. the institution of an ombudsman for human rights should be
created;
4.6. efforts to combat corruption and police brutality should be stepped
up with assistance from the Council of Europe; the constitution should be
amended to bring the immunity of members of parliament, magistrates and senior
officials in line with European standards;
4.7. the twenty-eight newly established districts should be given directly
elected councils in accordance with the European Charter of Local
Self-government;
4.8. freedom of thought, conscience and religion should be maintained, in
accordance with Article 9 of the European Convention on Human Rights, and the
process of returning property to churches and the Muslim community should be
continued;
4.9. sanctions against journalists should be brought out of the sphere of
criminal law and awards for damages limited to reasonable amounts, taking into
account that journalists should abide by the principle of respect for privacy,
in conformity with Article 8 of the European Convention on Human
Rights.
5. In the light of the above considerations, the Assembly considers the current monitoring procedure as closed. It will pursue its dialogue with the Bulgarian authorities on the issues referred to in paragraph 4, or any other issues arising from the obligations of Bulgaria as a member state of the Council of Europe, with a view to reopening procedure in accordance with Resolution 1115 (1997), if further clarification or enhanced co-operation should seem desirable.