До: ВЪРХОВЕН АДМИНИСТРАТИВЕН СЪД

Пето Отделение
ПРЕДСЕДАТЕЛ
Отн: адм.д. № 3636/2007
Съдебен Заседания: 25.09.2007 14:00
Ответник: Комисията за защита срещу дискриминацията
бул. «Драган Цанков» № 35
София 1113
Трети Страни: Министерство на правосъдието на РБ
Главна Дирекция „ИН” на МПРБ
Главен Прокурор РБ
Министерска Съвет РБ
Затвор София
PETITION№ 003
REQUEST FOR INTERLOCUTORY RULING
ON THE GROUNDS OF 14 APC
AS IT APPLIES TO STATE APPELLANTS
AND INTERESTED THIRD PARTIES

Petitioner
Michael Kapoustin
“ZO” Kazichene
To the Court,
The following is a request for this Court to issue an interlocutory ruling determining
questions of equality at arms and under law according;
Art. 14 s. 4 of the APC as it applies to documents filed by the State parties and who
on their own petition are parties to the current judicial proceedings and who have also
filed separate Appeals against the DECISION of the Commission for Protection against
Discrimination. This Court having joined the Appeals of the State Applicants with those
of this Applicant and citizen of Canada.
Art. 6 s. 1 and s. 3 in conj. art. 13 and art. 14 ECHR and the DETERMINING IF the
Respondent Commission for Protection from Discrimination was procedurally
obligated to translate its DECISION to the language of the foreign citizen who is the
victim of the alleged discrimination and who can ONLY BY SUCH TRANSLATION
understand an administrative DECISION affecting his legal rights and obligations in
Bulgaria. It is IMPOSSIBLE for a “non-Bulgarian” to have a full and complete legal
understanding of a DECISION if no translations if provided to him. That according to
relevant law the financial burden of translating the DECISIONS and RULING of the
Commission for Protection against Discrimination belong to the Commission and this
UNTIL and for so long as the procedure remains open id est until such time as the
DECISION in question comes into force.
At hearing of 12.06.2007, this Court issued an INTERLOCUTORY RULING that this
Applicant is obligated to provide, at his expense, translations into the Bulgarian
language of any foreign language documents filed by him and of any interlocutory
rulings issued by this Court affecting his legal interests. This Court only agreed to be
obligated for the costs of securing the presence of an interpreter during its hearings.
The Applicant submitted himself to the Court’s instructions and has complied. And this
Court has also appointed an expert interpreter under the case.
HOWEVER, and in all fairness to this Applicant and in the interests of preserving the
principles of equality at arms and of equal procedural burdens, this Court should apply
mutatis mutandis art. 14 s. 4 of the APC to the State Applicants who initiated their own
proceedings before this court and separate from those of this Applicant. The Court
should ORDER that the State Parties translate to English their written appeals and other
filings to this Court and any evidence submitted by them and intended for the English
speaking Applicant.
THE COURT SHOULD RULE that the State Parties Applicants are as equally
obligated as is the Canadian Applicant to bear the financial and procedural burden of
translations from Bulgarian into the language of the foreign Respondent they have
named in their Applications to this Court.
It inequitable and excessive to place the whole financial and procedural burden ONLY
on this Applicant for securing translations of those documents HE DID NOT AUTHOR
OR FILE.
This Applicant should NOT be burdened with the costs of translation of those
procedures as initiated by the different State Applicants whose Appeals have been
merged with the Appeal of this Applicant. Clearly the State Applicants have greater and
more significant resources than a person deprived of his liberty and who also is the
victim of their unlawful discriminations and who alleges he is being persecuted.
Alternatively this Applicant CANNOT be expected to defend his legal interests before
this Court and against documents filed by the other Applicants.
WHEREFORE I RESPECTFULLY REQUEST AN INTERLOCUTORY ORDER
THAT;
Instructs ALL State Applicants to submit translations to English of their separate
Appeals and of any evidence attached thereto, AND;
All future filings by the State Applicants to be submitted together with translations for
the Canadian Respondent;
And that the Commission for Protection against Discrimination submit, through the
translator appointed under CASE No. 48/2006 a translation into English of DECISION
No. 12/2007.

М. Капустин