In June, the Committee ended its supervision of the execution of the European Court’s judgment in the Stoyanova v. Bulgaria case. This case concerns the domestic courts’ failure to consider the murder motive related to the victim’s presumed sexual orientation as an aggravating factor. The European Court indicated, under Article 46 of the Convention, that the breach resulted from the content of the domestic criminal law, as interpreted and applied by the courts. It indicated that Bulgaria should ensure that violent attacks motivated by hostility towards the victim’s actual or presumed sexual orientation are in some way treated as aggravated in criminal-law terms.
On 28 July 2023, Parliament adopted amendments to the Criminal Code classifying murder, bodily injury, kidnapping and illegal restraint as aggravated crimes when motivated by hostility towards the victim's actual or presumed sexual orientation. The amendments entered into force in August 2023.
Following the European Court’s judgment, the domestic proceedings against the perpetrators were re-opened and in November 2023 the Supreme Court of Cassation (SCC) increased the perpetrators’ sanctions by upholding the judgment of the lower court in the initial criminal proceedings. The SCC found that the lower court rightfully considered the homophobic motives for the murder as an aggravating factor.
Impact of the European Convention on Human Rights in Bulgaria
