🇬🇷🇬🇧 Freedom

THE RIGHT TO LIBERTY: A SACRED TESTAMENT, LEGAL VALUE AND A BITTER REALITY

Author: Hey Dgo

LIBERTY - A LEGAL, MORAL AND CHRISTIAN RIGHT

The right to liberty is more than a fundamental human right - it is a sacred testament, affirmed both by human laws and divine teachings. Christianity teaches us that man is created in the image and likeness of God, endowed with reason and free will. This liberty is a gift and a responsibility, and depriving someone of it is an infringement upon the deepest essence of human being. This is why "Do not take away the life and liberty of your neighbor" is not only a moral but also a divine law.

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European values are built upon this foundation. The European Convention on Human Rights, the International Covenant on Civil and Political Rights, and the Charter of Fundamental Rights of the EU are contemporary manifestations of this eternal truth, guaranteeing everyone the right to liberty and security.

FUNDAMENTAL LEGAL PRINCIPLES AND THEIR GUARANTEES

For liberty to be real, rather than a mere declaration, it is protected by the fundamental principles of law:

* Principle of legality (Principium legalitatis): Nullum crimen, nulla poena sine lege. (No crime, no punishment without law.) This is the key guarantee against arbitrariness. No one can be detained or deprived of liberty unless their actions are explicitly and clearly defined as a crime by law.

* Principle of predictability (Principium praedicibilitatis): Lex certa. (The law is clear.) Legal norms must be precisely formulated so that every citizen can foresee the consequences of their actions. Vague laws are an instrument for abuse and oppression.

* Rule of law (Suprematia iuris): This principle requires all state authorities to act within the framework of the law. When the police or the prosecution place themselves above the law, they violate the rule of law, which is the heart of the constitutional state.

* Constitutional State (Status iuris): Respect for human rights and fundamental freedoms is the primary goal of a constitutional state. Any action by state authorities that impairs these rights contradicts the principles enshrined in Article 2 of the Treaty on European Union.

THE RIGHT TO LIBERTY: NEGATIVE AND POSITIVE OBLIGATIONS

The protection of liberty is expressed in both negative and positive obligations of the state:

* Negative obligations: The state has no right to arbitrarily deprive a person of liberty. This means that every detention must have a legal basis, be necessary and proportional, and be subject to swift and effective judicial control.

* Positive obligations: The state is obliged to create mechanisms to protect citizens from infringements on their liberty, including from the actions of its own authorities.

TURNING LIBERTY INTO A DEVALUED COIN: THE REALITY IN BULGARIA

Unfortunately, in Bulgaria and specifically in Sofia, we frequently witness gross infringements upon the right to liberty. The mass practice of 24-hour police detentions without the presence of factual and legal grounds, without initiated criminal proceedings, is an act of arbitrariness and an impairment of fundamental legal principles. Police officers who allow themselves to abduct people without a committed crime, presenting this as "police work", must bear criminal and civil liability for their actions. Such a practice is equivalent to kidnapping, not law enforcement. The analogy with the abduction of people by terrorist organizations like ISIS is strong and shocking, but unfortunately, it is not entirely groundless when state authorities act outside the law.

LEGAL MECHANISM FOR PROTECTION AND LIABILITY

No one can be arbitrarily deprived of liberty. Therefore, the law provides clear mechanisms for the protection of citizens and for seeking accountability from violators:

* Article 5, §5 of the European Convention on Human Rights: Guarantees a right to compensation to everyone who has been the victim of unlawful arrest or detention.

* Article 9, §5 of the International Covenant on Civil and Political Rights: Reaffirms the right to compensation for anyone who is a victim of unlawful arrest or detention.

* Article 2 of the State and Municipal Liability for Damages Act (SMLDA): Provides a legal mechanism to seek compensation for damages caused by unlawful detention on the part of state authorities.

Those who allow themselves to deprive people of liberty without a legal basis must know that they violate not only the law but also fundamental human rights. They must bear civil and criminal liability for their arbitrary deprivation of liberty.

Only through strict compliance with the rule of law and the protection of fundamental rights can we distinguish ourselves from repressive regimes and build a true constitutional state.

Liberty is an inalienable right for which the Bulgarian people have fought with blood and ideals through the centuries. From the national liberation struggles to todays legal frameworks, it remains a fundamental value protected by historical, legal, and moral principles. In the following lines, we will examine the development and protection of this right in the Bulgarian and international context.

The right to liberty: from historical struggles to contemporary challenges

Introduction: Liberty as a sacred testament

Liberty is a fundamental value embedded in the foundation of Bulgarian statehood and national identity. It is not merely a legal category but a sacred testament for which generations of Bulgarians have sacrificed their lives. From the national liberation struggles with the motto "Liberty or Death" to contemporary legal frameworks protecting human rights, liberty remains an unalterable ideal and goal.

1. Historical roots: The struggle for freedom in the Bulgarian tradition

1.1. The motto "Liberty or Death" and its significance

* The motto "Liberty or Death" was adopted by Bulgarian revolutionaries as a symbol of absolute dedication to the cause of national liberation. It originally originated from the American revolutionary Patrick Henry in 1775, but was adapted and adopted by Greek and Bulgarian revolutionaries.

* During the April Uprising (1876) and the activities of the Internal Macedonian-Adrianople Revolutionary Organization (IMARO), this motto was inscribed on banners, seals, and weapons, symbolizing the readiness for self-sacrifice.

* Georgi Rakovski ordered a banner and a seal with the inscription "Liberty or Death" for the First Bulgarian Legion, which emphasizes the universality of the ideal of liberty in the national liberation struggles in the Balkans.

1.2. The Bulgarian Revolutionary Central Committee (BRCC) and its statutes

* The statute of the BRCC is a historical document that defines the organization and strategy of the revolutionary struggle. It provides for the creation of a secret revolutionary network to prepare an uprising against the Ottoman rule.

* The statute emphasizes:

   * Secrecy and hierarchy: Members of the central and local committees remain undisclosed to ensure the security of the organization.

   * Equality among members: All participants in the committee meetings have equal rights.

   * Financial and organizational mechanisms: The collection of funds, weapons, and men is strictly regulated.

* The statute of the BRCC is not only an organizational document but also an ideological manifesto that embodies the aspiration for liberty and justice.

1.3. The role of the "apostles of liberty"

* Vasil Levski is the brightest example of dedication to the ideal of liberty. He developed the theory of an internal revolutionary organization to prepare the people for an uprising without relying on foreign aid.

* Levski stated: "If we win, we win for the whole people; if we lose, we lose only ourselves."

* Hristo Botev, Georgi Benkovski, Panayot Volov, and other revolutionaries accepted their death as the price for liberty, which consolidated the motto "Liberty or Death" as a leading principle in Bulgarian history.

Table 1: Main principles of revolutionary committees in Bulgarian history

Principle: Secrecy

Description: The members and activities of the committees remain strictly secret

Example from history: BRCC functions without disclosing its location

Principle: Equality

Description: All members have equal rights in decision-making

Example from history: All members of the committee are equal in meetings

Principle: Self-sacrifice

Description: Readiness to sacrifice in the name of liberty

Example from history: The motto "Liberty or Death" on the banners of the insurgents

Principle: Popular support

Description: Relying on wide popular participation

Example from history: Collection of money, weapons, and men from the population

2. Legal and moral guarantees of liberty

2.1. Philosophical and religious foundations

* Christian values set the beginni

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And the Bible teaches: "Know the truth and the truth will make you free" (John 8:32). This emphasizes the connection between moral purity and freedom.

In the Bulgarian tradition, the church played a key role in preserving national identity and the aspiration for freedom during the Ottoman rule.

2.2. International Legal Instruments

The European Convention on Human Rights (Article 5) guarantees the right to liberty and security. It prohibits arbitrary detention and requires that any deprivation of liberty have legal grounds.

The International Covenant on Civil and Political Rights (Article 9) reaffirms that no one can be arbitrarily arrested or detained.

The Universal Declaration of Human Rights (Articles 3 and 9) declares the right of every human being to life, liberty, and security.

2.3. Bulgarian Legislation and Freedom

The Constitution of the Republic of Bulgaria guarantees:

Article 6: All human beings are born free and equal in dignity and rights.

Article 13: Religious denominations are free.

Article 37: Freedom of conscience, thought, and choice of religion or religious or atheistic views are inviolable.

The Religious Denominations Act regulates the right to freedom of religion, although the Constitution defines Eastern Orthodox Christianity as the "traditional religion".

Table 2: Guarantees of freedom in international and Bulgarian law

Legal Instrument: ECHR, Article 5

Guarantee: Prohibition of arbitrary detention

Application in Bulgarian law: Applied through the Ministry of Interior Act and the Criminal Procedure Code

Legal Instrument: ICCPR, Article 9

Guarantee: Right to liberty and security

Application in Bulgarian law: Constitution of the Republic of Bulgaria, Articles 6 and 37

Legal Instrument: Constitution of the Republic of Bulgaria

Guarantee: Equality and prohibition of discrimination

Application in Bulgarian law: Article 6, paragraph 2: prohibition of restrictions of rights based on religion, beliefs, etc.

Legal Instrument: Religious Denominations Act

Guarantee: Freedom of religion

Application in Bulgarian law: Regulates the registration and activity of religious institutions

3. Contemporary Challenges: Arbitrariness and the Violation of Freedom

3.1. Arbitrary Detentions in Bulgaria

The practice of 24-hour detentions without a legal basis is widespread in Bulgaria, especially in Sofia. This represents a gross violation of the principle of legality (nullum crimen, nulla poena sine lege).

Police officers frequently carry out "abductions" under the guise of "police work", without having legal grounds or having initiated criminal proceedings.

Such actions are an analogue of kidnapping by state authorities and violate the rule of law (suprematia iuris).

3.2. Consequences of the Violation of Freedom

Psychological and social consequences: Victims of arbitrary detentions suffer humiliation, stress, and a loss of trust in state institutions.

Violation of social consensus: Arbitrariness erodes the trust between citizens and the state, which is the foundation of social harmony.

Economic losses: Unlawful detentions lead to lawsuits for compensation against the state, which is funded by taxpayers.

3.3. Legal Mechanisms for Protection

Article 5, §5 of the ECHR: Provides a right to compensation for anyone unlawfully detained.

Article 9, §5 of the ICCPR: Reaffirms the right to compensation in case of unlawful arrest.

State and Municipal Liability for Damages Act (SMLDA): Provides a legal opportunity to obtain compensation for damages caused by unlawful actions of state authorities.

4. Conclusion: A Call for Struggle and Vigilance

Freedom is not just a right, but a responsibility — both of citizens and of the state. The historical achievements of the Bulgarian people in the name of freedom, symbolized by the motto "Liberty or Death", must be preserved and protected.

Recommendations for action:

1. Raising legal culture: Citizens must know their rights and the mechanisms for their protection.

2. Strict judicial control: The judiciary must exercise strict control over the actions of the executive power, especially during police detentions.

3. Training of law enforcement agencies: The police and other institutions must be trained to respect human rights and to act within the framework of the law.

4. Civic activity: Society must remain vigilant and not tolerate arbitrariness.

As the revolutionary figures of the past have pointed out, freedom is not given, it is taken and protected with constant efforts. Let us keep alive the ideals of those who laid down their lives for the freedom of Bulgaria, and apply them in the modern context of a constitutional state and European values.

"Freedom is the right to tell people what they do not want to hear." — George Orwell

This right, like all others, must be defended with courage and determination, so that it does not turn into an empty declaration.

Freedom - a historical testament and a contemporary value

"Liberty or Death" is not just a slogan, but a sacred testament, deeply rooted in Bulgarian history and national consciousness. This motto, embroidered on the green banner of Bulgarian revolutionaries, is a symbol of the uncompromising thirst for freedom and the readiness to sacrifice everything in its name. In the era of Ottoman rule, when Bulgarians were deprived of all rights, freedom was not an abstract concept, but a matter of survival and dignity.

The Bulgarian Secret Central Revolutionary Committee (BSCRC) and the Bulgarian Revolutionary Central Committee (BRCC), led by apostles like Vasil Levski and Hristo Botev, view freedom as an inalienable right. Their statutes are imbued with the idea of equality, legality, and justice. They knew that without freedom there is no progress, no dignity, and no future. The deprivation of freedom was considered the greatest crime against man. Levski himself warned that "whoever takes away freedom is a greater villain than the oppressor himself."

Police arbitrariness - a betrayal of the testament of freedom

Today, when Bulgaria is a member of the European Union and a constitutional state, the principle of liberty or death is transferred into constitutional and international legal norms. It is at the core of the fight against the arbitrary actions of state authorities.

When the police or other state organs detain citizens without factual and legal grounds, they do not just violate the law; they betray the deepest principle upon which the Bulgarian state is built. Such arbitrariness is a direct infringement upon freedom, just like the infringement of an oppressive regime.

Detention for 24 hours without a legal basis is a particularly alarming act. It is:

A violation of the principle of legality (Nullum crimen, nulla poena sine lege): No one can be detained unless they have committed a crime clearly defined by law.

A violation of the principle of predictability (Lex certa): Citizens must be aware of the consequences of their actions. Vague laws and arbitrary actions destroy trust in the state.

Disregard for international standards: The International Covenant on Civil and Political Rights and the European Convention on Human Rights explicitly guarantee the right to liberty and security and prohibit arbitrary deprivation of liberty.

Christian teaching and the struggle for freedom

The Christian tradition also views freedom as a divine gift and right.

Man, created in the image and likeness of God, is endowed with free will. This is a key element of the human essence, allowing him to choose between good and evil. Taking away this freedom is an infringement upon Gods creation.

The testament "Do not take away the life and liberty of your neighbor" is not only a moral but also a divine rule. In this sense, everyone who infringes upon the freedom of another person stands against the foundations of Christian ethics.

Protection of freedom: Struggle, not resignation

The Bulgarian apostles of freedom have shown that freedom is won. It is not given for free. Today, when we face police arbitrariness, we must not resign ourselves. The struggle for freedom today is a struggle for the rule of law and for the accountability of state organs.

Every citizen who has become a victim of unlawful detention has the right and the obligation to seek protection:

Right to compensation: The State and Municipal Liability for Damages Act (SMLDA), as well as international norms, give the right to compensation for damages caused by unlawful detention.

Civil and criminal liability: Police officers who abuse their power must bear liability for their actions.

Do not give up. The struggle for freedom is eternal. It is not only our historical mission but also our moral duty. Every time a citizen stands up against arbitrariness, he reaffirms the principles for which our ancestors died.

Dear fellow citizens, dear people of free spirit,

With my thoughts and heart turned to you, I want to share one of my most cherished truths. Everything I have set out in these pages, all historical parallels, legal analyses, and moral reflections, lead to an undeniable conclusion:

Freedom is the most sacred possession and the greatest blessing of man - precisely because it is systematically taken from us.

It is not a political concept, but a daily battle. In this country, which defines itself as democratic only on paper, freedom is a fiction. While the constitution declares rights and freedoms, the authorities methodically violate them. While laws promise protection, institutions serve arbitrariness.

Thousands through the centuries on this land — known and unknown — have understood that freedom is not given, it is taken. They knew that life without freedom is a life in the shadow, and they chose to resist. Today we are their heirs in a new form of struggle.

Because in Bulgaria freedom exists de jure, but de facto it is not there. This is the harsh reality we face every day:

When the police detain citizens without legal grounds, When the courts serve the authorities and not justice, When the media remain silent or distort, When our voice is a formality and not a real power.

This is not a democracy. This is its distorted imitation. A planetarily clichéd, fictitious construction designed to create an appearance while power remains in the hands of a few.

But freedom cannot be locked in documents. It is a living spirit that breathes in every action of resistance, in every "no" to arbitrariness, in every demand for justice.

Therefore, our struggle is twofold: To expose the hypocrisy of the system that presents itself as democratic while repressing its own citizens. To win the real freedom that has been taken from us - not on paper, but in reality.

We must defend it with our every gesture: With civil disobedience against unlawful orders, With legal resistance against the arbitrariness of institutions, With media vigilance against manipulations, Solidarity with everyone whose rights are violated.

If we accept this lie as democracy, if we reconcile with the hypocrisy, freedom will finally die. They will not take it away with one blow, but with our small everyday consents to live in the creeping tyranny of the normal.

Therefore, let me conclude with a clear call:

Freedom is not given, it is not handed down, it is not begged for. Freedom is taken with knowledge and kept with courage. In conditions of systemic arbitrariness, our moral duty is to oppose every violation - even when the system presents it as "normal".

Let us honor the memory of all those who opposed tyranny by continuing their struggle here and now. Not in museums, but on the streets, in the courts, in the media, in everyday life.