Refusals to extradite from Bulgaria on human rights grounds

Bulgarian courts have refused extradition in a number of cases because of concerns that surrender would put the rights of the people sought at risk. These cases illustrate the courts’ commitment to international human rights standards.

Case 1: A protest against an invasion

In 2022 a Bulgarian court examined a request to extradite a foreign national who had publicly expressed his opposition to the political situation, including through a public act of protest. Shortly afterwards the foreign authorities sought his extradition, accusing him of serious financial offences.

The Varna Regional Court initially authorised extradition. Following protests by civic groups, human rights organisations and activists against that decision, the Court of Appeal examined the request and refused extradition. Its reason was the risk that the man’s position would be made worse because of his beliefs. The court emphasised that his surrender would put his human rights at risk.

Case 2: A civic activist known for his opposition to government policy and his defence of human rights

In 2014 a prominent activist was arrested at Sofia Airport on arrival from Paris, on the basis of an Interpol Red Notice issued at the requesting authorities’ behest on allegations of fraud. Known in his home country for his human rights work, he had founded a non-governmental organisation and advocated for democracy. His arrest prompted a strong international response.

The Sofia City Court examined the request. In October 2014 it refused extradition, finding that the alleged offences had been described imprecisely and did not correspond to offences under Bulgarian law. The court expressed concern that, if surrendered, the man might be persecuted for his political activities and beliefs.

The case drew strong reactions from a number of international organisations. They supported the foreign national and echoed the concern raised in court that the charges were politically motivated and that he would face persecution if extradited.

Case 3: Allegations of organised crime

In 2022 the Bulgarian courts examined a request to extradite a person accused of participation in an organised criminal group, illegal gambling and bribery.

In September 2022 the Burgas Regional Court refused extradition. It expressed concern that the foreign national might be subjected to torture or to inhuman and degrading treatment in the requesting state. That would violate Article 3 of the European Convention on Human Rights: “No one shall be subjected to torture or to inhuman or degrading treatment or punishment.” The court questioned the assurances given by the Russian authorities that the accused would be treated humanely.

Shortly afterwards the Burgas Court of Appeal upheld the regional court’s decision. It too expressed doubts about respect for human rights in the requesting state and concern that the man might be subjected to inhuman treatment.

Both courts referred in their reasons to reports by international human rights organisations documenting systematic violations in prisons and pre-trial detention facilities abroad. They noted that the European Court of Human Rights had repeatedly found serious violations in the requesting state, including torture and inhuman treatment of prisoners.

These examples show the determination of Bulgarian courts to apply the highest standards of human rights protection and to refuse extradition where there is a real risk of serious violations.