24
Concerns in Europe: January - June 2001
AI Index: EUR 01/003/2001
Amnesty International September 2001
During the period under review numerous new cases
were reported of police shootings in circumstances
which were at variance with internationally
recognized principles. At least two people were killed
in such incidents. The shooting of 16-year-old
Eleonora Dimitrova on 30 January, in the centre of
Sofia, is a tragic illustration of a pernicious human
rights problem which the Bulgarian authorities, over
many years, have failed adequately to address. An
officer who was reportedly not on duty fired his gun
outside a restaurant while allegedly aiming at men
with whom he had quarrelled earlier that evening. The
bullet hit Eleonora Dimitrova who was standing on the
opposite side of the street, killing her. The following
day the police officer was arrested and subsequently
charged with murder. On 1 February it was reported
that Emanuil Yordanov, then Minister of the Interior,
stated that he would re-examine all provisions
concerning the use of firearms by both police officers
and civilians. However, the public debate which was
sparked off by this incident appeared to be focussed
mostly on the police inability to deal with rising
criminality rather than on the inadequate legal
provisions regulating the police use of firearms and
the insufficient police training in human rights
standards. On 6 February it was reported that Minister
Yordanov had ordered all police officers to undergo
psychological examinations within a three month
period, as well as stricter internal inspections within
the Ministry of the Interior. There were no indications
that these measures were taking effect. Similar public
outcry followed the shooting of another 16-year-old
girl, Staniela Bugova, in October 1998. She was killed
with an assault rifle after the car she had been
travelling in was stopped for a routine traffic check
near Sliven (see AI Index: EUR 15/19/98). The officer
responsible for the killing was subsequently convicted
to two and a half years’ imprisonment. Bolomil
Bonev, then Minister of the Interior, promised to
improve the functioning and the organization of the
police force. However, the government failed to
amend the 1997 Law on the National Police which
allows law enforcement officials to use firearms in
circumstances far wider than those allowed by the UN
Basic Principles on the Use of Force and Firearms by
Law Enforcement Officials. These permits the use of
firearms only in self-defence or the defence of others
against the imminent threat of death or serious injury.
Rehabilitation of, and amnesty for,
conscientious objectors to military service
In May the European Court of Human Rights
announced that the Bulgarian government had
concluded a friendly settlement with Ivailo Stefanov,
who had been convicted, as a conscientious objector,
for failing to perform military service. This
agreement, inter alia, states:
·
that all criminal proceedings and judicial
sentences for refusing military service (on
grounds of conscience) since 1991 shall be
dismissed and all penalties imposed eliminated as
if there was never a conviction for a violation of
the law; the Council of Ministers of the Republic
of Bulgaria shall introduce draft legislation before
the National Assembly for a total amnesty for
these cases;
·
that alternative civilian service in Bulgaria is
performed under a purely civilian administration
and the military authority is not involved in
civilian service and such service shall be similar
in duration to that required for military service;
·
that conscientious objectors have the same rights
as all Bulgarian citizens to manifest their beliefs
whether alone or in union with others, after hours
and on days off, during the term of performing
said civilian service, without prejudice, sanction
or another disability or impediment.
AI has repeatedly urged the Bulgarian authorities
to adopt legislation concerning alternative service
which would comply with international standards on
conscientious objection, to stop prosecutions of
objectors for evading military service, and to release
all those who were imprisoned as a result. Certain
provisions of the Law on Alternative Service, which
came into force on 1 January 1999, are at variance
with internationally recognized principles in this field.
These include the grounds for seeking alternative
service, the length of the alternative service - which is
twice the length of armed military service - and time
limits imposed on the submission of applications for
alternative service. In view of the friendly settlement
before the European Court of Human Rights, which
requires amending the legislation in force, AI
reiterated its appeal to the Bulgarian government to
ensure that the new regulations are not at variance
with the internationally recognized principles on
conscientious objection.
C R O A T I A
General political background
Municipal elections were held in May, with the
opposition HDZ (Croatian Democratic Union-
Hrvatska
demokratska
zajednica)
gaining
considerable popular support, although the six-party
governing coalition received the majority of votes in
two thirds of country’s counties.
In March, the Chamber of Deputies, the lower
house of the Croatian Sabor (parliament) adopted
constitutional amendments which abolished its upper
house, the Chamber of Counties. The changes also
extended constitutional rights, previously guaranteed
to Croatian citizens only, to all individuals within the
jurisdiction of Croatia.
Croatia before the Human Rights Committee
On 28 and 29 March the United Nations Human
Rights Committee examined Croatia’s initial report on
compliance with the International Covenant on Civil
and Political Rights (ICCPR). AI had previously
briefed the Committee on its concerns on various
articles of the ICCPR which the organization believed