Communicated on 22 January 2018
FIFTH SECTION
Application no. 14904/11
Georgi Menelaev IFANDIEV
against Bulgaria
lodged on 15 February 2011
STATEMENT OF FACTS
The applicant, Mr Georgi Menelaev Ifandiev, is a Bulgarian national, who was born in 1950 and lives in Sofia.
The circumstances of the case
The facts of the case, as submitted by the applicant, may be summarised as follows.
The applicant is a journalist and writer.
K.T. has for many years been the leader of a trade union created in 1989 and described as the first opposition trade union in Bulgaria. He has also been involved in politics.
In 2003 the applicant published a book called “the Shadow of Zion”, dealing with Judaism, Zionism, Freemasonry and their impact on world history.
On pp. 69-70 the book contained a paragraph comparing communists and Nazis to Freemasons, stating that, in a Freemason manner, they had “dreamt to perfect the man”, and also that communists had been “doing that in practice”, including in Bulgaria. The text then continued:
“And after the ‘democratic changes’ who became a Freemason? All were communists and people connected with their gloomy secret services.”
The names of a number of persons were listed after that, including the “pseudo trade unionist” K.T.
On an unspecified date in 2005 K.T. brought a tort action against the applicant, claiming that the statements contained in the book, namely that he was a Freemason, a communist connected with the former secret services and a “pseudo trade unionist”, were untrue and had humiliated and defamed him, presenting him as an immoral and unscrupulous person.
The applicant objected to the action. He pointed out that when calling K.T. a Freemason he had relied on earlier publications – one of which was expressly cited in a footnote to the disputed paragraph. Moreover, K.T. had himself stated in a newspaper interview that he was a member of the Maltese Order. As to the allegation that K.T. had been connected with the communist secret services, previous media publications had on numerous occasions stated or implied that. At the same time, K.T. had bragged about being related to leading figures of the communist regime. The applicant argued that in any event the expressions complained of had not been offensive or defamatory.
In a judgment of 10 July 2008 the Sofia City Court (hereinafter “the City Court”) allowed the action and ordered the applicant to pay K.T. 15,000 Bulgarian levs (BGN, the equivalent of 12,275 euros – EUR) in moral damage, plus default interest as of 28 September 2005 (apparently the date when K.T. became aware of the applicant’s writings).
In its reasoning, the City Court referred to the applicant’s right to freedom of expression under Article 10 of the Convention, but considered that in the case he had overstepped the limits of acceptable criticism. It analysed the allegations made by him and concluded that they had been untrue. As to the applicant describing K.T. as a Freemason, this had been refuted by the fact that K.T. was a fervent Orthodox Christian, whereas the Church was known to reject Freemasonry. As to K.T.’s affiliation with the communist secret services, this allegation had also been disproved by official attestations of the specialised body dealing with those services’ archives. Lastly, the expression “pseudo trade unionist” amounted to a gratuitous offence, aimed solely at discrediting K.T.
Upon appeal by the applicant, on 23 October 2009, the City Court’s judgment was upheld by the Sofia Court of Appeal. It endorsed the lower court’s reasoning, adding that it considered irrelevant the fact that the allegations made by the applicant had already been made in earlier publications; this did not make them “less defamatory or truer”.
The applicant lodged an appeal on points of law. In a final decision of 17 August 2010 the Supreme Court of Cassation refused to accept the appeal for examination.
K.T. instituted subsequently enforcement proceedings against the applicant. In October 2011 a bailiff calculated the total amount due, including the principal award of BGN 15,000, the default interest accrued by that time and the costs and expenses, at BGN 31,549 (the equivalent of EUR 16,100).
COMPLAINT
The applicant complains, relying on Article 10 of the Convention, about the findings of the domestic courts that the statements in his book concerning K.T. were offensive and defamatory and their orders for him to pay damages.
QUESTION TO THE PARTIES
Has there been a violation of the applicant’s right to freedom of expression, guaranteed by Article 10 of the Convention, on account of the court decisions ordering him to pay damages to K.T. in relation to the statements contained in his book “The Shadow of Zion”?
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