US embassy cable - 05SOFIA957

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.