The draft anti-terrorism bill was tabled in the National Assembly of the Republic of Bulgaria by the Council of Ministers and passed on its first reading by Parliament on July 28. In now awaits a second reading and the president's signature before it becomes law.

The bill would give authorities the ability to seriously and arbitrarily restrict the fundamental rights of Bulgarian citizens, even if no terrorist act is being committed, attempted or prepared.

The measures in the bill include serious restrictions of personal freedoms and the privacy of individuals, including bans on movement and contacting others, even if someone is not suspected of committing a terrorist act.

Missing legal guarantees

The draft law does not envisage a requirement of strict necessity and proportionality in order to impose the preventive measures, which may be imposed by the president of the State Agency for National Security (SANS) or the interior minister without judicial authorization or any procedural safeguards protecting the persons concerned.

Procedures under the bill do not guarantee a legal hearing for someone involved, nor is that person given an opportunity to present evidence in his favor. The decision to limit fundamental rights is taken not by an independent court, but by the authority concerned.

The possibilities for arbitrariness are unlimited. The maximum period during which the measures could be imposed is significant — up to six months, with the possibility to extend it to nine months.

Misinformed public

The interior minister is granted the power to order an counter-terror operation and determine how and where it's carried out, which in turn imposes restrictions on the fundamental rights of all persons in the area, including property rights, privacy and personal freedoms.

Police officers will be able to restrict movement, suspend Internet access, or seize documents and destroy the technical and communications equipment of anyone suspected of preparing a terrorist act. There are no safeguards against the abuse of the fundamental right to privacy of individuals, and the authorities assess on their own whether the measures are necessary.

There is a risk of serious violation of the freedom to receive and disseminate information. Media outlets are obliged to immediately transmit the information given to them by the authorities without amending it. In this way, authorities can indefinitely misinform the public about what they do and what really happens.

State of emergency

The introduction of a state of emergency will also be allowed through a decree of Parliament or the president. Under international law, the derogation of fundamental rights in emergency situations is permitted only when "endangering the life of the nation" (Article 15 of the European Convention on Human Rights and Article 4 of the International Covenant on Civil and Political Rights).

The bill provides that a state of emergency can be declared without such conditions, apparently in order to facilitate the investigation of a terrorist act, and not because of a continuing threat to the nation. Also, there is no time limit for the state of emergency – the power to unnecessarily restrict fundamental rights remains at the discretion of the government.

This story is part of an open letter written by Margarita Ilieva, lawyer and director of the legal program of the Bulgarian Helsinki Committee.