BULGARIAN COURT REGISTERS NEW CHIEF MUFTI, BUT

UNCLAS SOFIA 000957

SIPDIS


DEPARTMENT FOR EUR/NCE (BRANDON),DRL/IRF (MATES) AND
DRL/CRA (DAVIS)

E.O. 12958: N/A
TAGS: KISL PGOV SOCI PHUM KIRF BU
SUBJECT: BULGARIAN COURT REGISTERS NEW CHIEF MUFTI, BUT
LEADERSHIP DISPUTE CONTINUES

REF: (A) 04 SOFIA 2338, (B) 03 SOFIA 2303


1. SUMMARY: The 18-month leadership dispute within
Bulgaria's Muslim community is closer to being resolved
with the recent official court registration of a new
Chief Mufti (the spiritual head of the denomination) and
Supreme Council. The new leadership is supported by the
ethnic-Turkish political party Movement for Rights and
Freedoms (MRF),which has used its influence throughout
the power struggle to aid its supported faction. While
the registration has already been appealed, judicial
interference by the Chief Prosecutor and political
inertia caused by the upcoming elections mean the dispute
will probably linger on through the summer. END SUMMARY.


2. On May 11, a Sofia City Court judge issued five
separate rulings in an attempt to resolve the 18-month-
old leadership dispute within the Muslim denomination.
The most important ruling was the decision to officially
register Mustafa Alish Hadji, a modest, well-respected
cleric, as the Chief Mufti. Hadji, an ethnic-Bulgarian
Muslim, was previously Chief Mufti from 1997 to 2000.
The rulings came as a surprise following previous
appellate and supreme court rulings seemingly in favor of
another former Muslim leader, Nedim Gendzhev (reftels).


3. On January 25, the Supreme Court of Cassation upheld
an Appellate Court ruling annulling the creation of the
interim triumvirate charged with managing the
denomination's affairs pending the dispute's resolution
(ref A). The court's ruling paved the way for Gendzhev
and his faction to reclaim leadership of the
denomination; however, his attempt to become officially
registered was thwarted by the Chief Prosecutor. Before
the Sofia City Court had a chance to act on Gendzhev's
registration application, the Supreme Cassation
Prosecution confiscated the case files related to the
leadership dispute. The Prosecution claimed it was
investigating technical irregularities in some of the
rulings. The Prosecution is legally allowed to hold case
files for up to three months; the case files were
returned at the of this three-month period, May 11, to
the Sofia City Court. However, 24 hours and five court
rulings later, the Prosecution re-confiscated the case
files for further investigation.


4. Gendzhev has appealed the new Chief Mufti's
registration, but his appeal cannot be heard until the
case files are released by the Chief Prosecutor.
Additionally, Gendzhev is sure to meet continued stiff
opposition from the MRF. Viewing itself as the sole
representative of the ethnic-Turkish and Muslim
minorities, the party has exerted its influence in most
spheres of life affecting its constituency, including the
leadership of the Muslim denomination. The MRF has long
opposed Gendzhev, portraying him and his faction as the
real danger to ethnic and religious peace in Bulgaria.


5. COMMENT: The registration of Mustafa Alish Hadji as
Chief Mufti means that the day-to-day running of the
Muslim denomination can finally get back on track.
However, the leadership struggle seems likely to
continue, with Nedim Gendzhev and the MRF pitted against
each other in the battle to wield political influence and
control the resources of the Muslim community. So far
the MRF has come out on top, aided by the Chief
Prosecutor's legal interference against Gendzhev. END
COMMENT.