BULGARIAN COURT RULING ENDS MUSLIM LEADERSHIP

UNCLAS SOFIA 002338

SIPDIS


DEPARTMENT FOR EUR/SCE (BRANDON AND MITCHELL) AND G/IRF
(MAYLAND)

E.O. 12958: N/A
TAGS: SOCI PGOV KIRF BU
SUBJECT: BULGARIAN COURT RULING ENDS MUSLIM LEADERSHIP
DISPUTE...FOR THE TIME BEING

REF: 03 SOFIA 2303


1. SUMMARY: A recent court ruling has resolved -- at
least for the time being -- the leadership dispute that
has divided the top echelons of Bulgaria's Muslim
community since December 2003. A new chief mufti (the
spiritual head of the denomination) has been appointed;
however the community's new administrative head -- a
former chief mufti who was originally appointed by the
former communist regime -- will in effect control all of
its resources. The ethnic-Turkish Movement for Rights
and Freedoms (MRF) -- the government's junior coalition
partner -- has denounced the court rulings and refused to
recognize the authority of the new leadership. The MRF
supports a rival faction in the leadership dispute and
fears that the new leadership will not be sufficiently
beholden to the party. END SUMMARY.


2. Bulgaria's former Muslim leader, Nedim Gendzhev, who
is best known for his public warnings of a Muslim
fundamentalist threat in Bulgaria (reftel),has been
reinstated head of the Supreme Islamic Council, the
Bulgarian Muslim community's administrative ruling body.
He last held the position from 1995 to 1997. Originally,
Gendzhev was appointed Chief Mufti in 1988, a year before
Communist dictator Todor Zhivkov was toppled from power.
Despite his earlier support from the Socialists, Gendzhev
is not known to have any links to them currently, and
instead seems to operate purely as a free agent.


3. The MRF has consistently portrayed itself as the
defender of the ethnic-Turkish minority and the only
guarantor of Bulgaria's ethnic tolerance. In addition to
its political power, the party has exerted its influence
in most spheres of life affecting its constituency,
including the leadership of the Muslim denomination. The
MRF has voiced its extreme displeasure with the current
state of affairs, refusing to recognize Gendzhev, his
Supreme Islamic Councilor the new Chief Mufti. The party
has long supported Fikri Sali and his followers while
painting Gendzhev and his faction as the real danger to
ethnic and religious peace in Bulgaria. The MRF is
likely to use every possible means to keep Gendzhev from
once again taking control of the Muslim community
leadership, which it views as its own domain.


4. The most recent leadership dispute was triggered in
December 2003 after two rival Muslim conferences -- one
organized by the MRF-supported Muslim leadership and the
other by Gendzhev -- convened and elected separate chief
muftis -- Fikri Sali and Ali Hadjuk, respectively. The
2002 Confessions Act's lack of specific provisions
regulating the change in leadership of registered
denominations meant the only option for resolving the
dispute was for the two parties to file civil cases in
court.


5. On 19 July, the Sofia City Court appointed an
interim triumvirate of Fikri Sali, Ridvan Kadiov and
Osman Osmailov (all closely linked to the MRF) to
represent the Muslim community and prevent misuse of the
denomination's resources pending the outcome of the civil
suits. On 5 November, the Sofia Appellate Court over-
ruled the appointment of the triumvirate, stating that
the denomination's leadership could only be appointed on
its own initiative and not ex officio by the Sofia City
Court. Fikri Sali has appealed the decision to the
Supreme Court of Cassation.


6. COMMENT: Most legal observers believe the Supreme
Court will uphold the decision to re-install Gendzhev,
but Fikri Sali and his supporters are unlikely to give
up. There are other administrative and judicial
decisions in the history of this convoluted legal battle
that could -- and probably will -- be challenged in
court. This is a battle over property and other
resources controlled by the Supreme Islamic Council and
political influence within the Muslim community. It has
very little to do with spiritual matters or religious
freedom. END COMMENT.
PARDEW