Bulgarian Supreme Court Acquits Four in Homemade Bomb Case that Killed a Romani Man
22 October 2024
By Judit Ignacz
On October 1, 2024, Bulgaria's Supreme Court of Cassation made a controversial decision that has reignited discussions about justice for Romani victims in the country. The court acquitted four defendants accused of the allegedly racially motivated murder of Malin Iliev, a 59-year-old Roma man, on the June 29, 2012, homemade bombing incident in Sandanski. This verdict has sent shockwaves through Bulgaria's Romani community and human rights organizations, raising questions about the effectiveness of the country's judicial system in addressing hate crimes.
The bombing occurred around 05:55 AM on June 29, 2012, when an explosive device detonated in the center of Sandanski in front of the local headquarters of Euroroma, the largest political party representing the interests of the Romani people in Bulgaria. Malin Iliev, who discovered the suspicious package, was fatally injured when it exploded in his hands. He fought for his life in the Military Hospital in Sofia but passed away after a month-long battle.
The legal proceedings lasted over 12 years and ended with the acquittal of Nikolay Yovev, Vasil Georgiev, Stoyan Stavrev, and Alexander Angov, who were accused of racially motivated murder. This decision upheld previous acquittals by lower courts, including one in Blagoevgrad in 2016.
The Supreme Court's decision
According to the Supreme Court of Cassation, evidence collected during the criminal proceedings established connections between the four defendants. They knew each other and communicated with varying degrees of intensity. They all shared similar extreme nationalist views regarding minority groups, specifically the Roma. Furthermore, defendants Georgiev and Angov possessed and searched for information related to the production of homemade explosive devices on their personal computers. One defendant had received packages and stored ignition cords at home that could have triggered an explosive device similar to the one used in the attack. However, the court emphasized that these circumstances were insufficient to prove the prosecution's case. According to the court, no concrete evidence was found linking the defendants to aggressive actions against Roma, conflicts with the victim, or membership in racist or xenophobic organizations.
This ruling and the court's interpretation of evidence set a dangerously high bar for proving racial motivation in hate crimes. It may discourage future prosecutions and leave vulnerable communities at risk. Moreover, the decision overlooks the broader context of anti-Roma sentiment in Bulgaria and the ongoing pattern of violence against the Romani community during that period.
Series of Attacks against Roma in Bulgaria: A Disturbing Pattern
This verdict comes against a backdrop of a series of 14 violent attacks against Roma and their property that occurred in Bulgaria from September 2011 to July 2012. These incidents, compiled from media reports by the European Roma Rights Centre (ERRC), resulted in at least three fatalities, 22 injuries (including a pregnant woman and two minors), and five hospitalizations. In at least six cases, Romani individuals were stabbed, in at least 17 instances, Roma were beaten, including two minors, and in one case, gunshots were fired. The attacks ranged from individual assaults to group violence, often motivated by ethnic hatred. In many instances, the perpetrators were identified as belonging to nationalist or extremist groups. The violence affected Roma of all ages, from school children to adults, and occurred in various locations across Bulgaria, including Sofia, Burgas, and Blagoevgrad. These events highlight the severe issue of anti-Roma violence and discrimination in Bulgaria during this period.
The Bulgarian Helsinki Committee studied the situation in various regions of Bulgaria, examining national legislation and international protection standards. Krasimir Kanev, Monitoring and Research Program Director at BHC, stated, "Our studies reveal that these issues surface periodically, with different targets each time—sometimes Turks, other times Roma, migrants, or LGBTI people."
The frequency and severity of these attacks underscore a deeply rooted problem of racism and discrimination against Romani communities in Bulgaria. Despite the country's commitments to international human rights treaties and its obligations as a member of the European Union, the persistence of such violence raises severe questions about the effectiveness of measures to protect minority rights and combat hate crimes. In 2014, more than 50 people protested in front of the Sofia Court House against the failure of prosecutors to bring action against perpetrators of hate crimes.
“Hundreds of people from minority groups have experienced hate crimes, and many more have no confidence in the authorities to protect them. The Bulgarian authorities urgently have to take a strong stand and ensure they adhere to national and international laws, ensuring human rights for all,” said Marco Perolini, Amnesty International’s researcher on Discrimination in Europe.
This case in Sandanski starkly reminds us of the ongoing discrimination and violence faced by Romani communities in Bulgaria and across Europe. It highlights the lack of Romani victims' access to justice for hate crimes and the challenges in prosecuting racially motivated crimes in Bulgaria.
This verdict represents not only a failure of justice but will also be seen as a tacit endorsement of anti-Roma violence by many in the country. With little legal recourse left available in this case, calls for reviews of Bulgaria’s hate crime legislation and implementation must be reiterated, as well as enhanced law enforcement and judiciary training on the identification and prosecution of hate crimes, provision of legal aid, and victim support services, and improved monitoring of hate crimes to inform policy-making and prevention strategies.
As regards the Bulgarian criminal legislation, the country lacks a specific system for recording hate crimes and a specialised support system for hate crime victims. The OSCE ODIHR Hate Crime report for 2012–2017 recommended revising Bulgaria's existing legal framework to ensure that biased motivations are effectively acknowledged, and appropriate penalties are imposed on perpetrators.
In July 2023, the Bulgarian National Assembly adopted amendments to the Criminal Code, imposing harsher penalties for acts motivated by racism or xenophobia. Later that year, the Criminal Procedure Code was revised to broaden victims' procedural rights, particularly for those affected by hate crimes, racism, and xenophobia. Additionally, the law expanded provisions on hate speech and labour rights violations to include "colour" and "origin" as protected grounds. However, the recent acquittal of one of the more severe hate crimes in recent history against Roma in the country seriously calls into question the effectiveness of these amendments and the effectiveness of the judiciary to protect Roma from far-right violence.
