US embassy cable - 04SOFIA2338

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