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“The actions of the Public Prosecutor’s Office of the Republic of Bulgaria in the last two years in relation to the fight against crime and the imposition of the rule of law are unprecedented in the recent history of Bulgaria since 1989.”
This is written in Letter from the Bulgarian State Prosecutor’s Office to the Civil Liberties Commission (LIBE) of the European Parliament (PE), sent by the General Prosecutor’s Office On the occasion of the questions that were asked about the work of the Prosecutor’s Office in criminal proceedings for crimes of corruption, writes Legal World.
In its letter to LIBE, within 25 pages, the prosecutor’s office describes the general activity of the state prosecutor’s office and the results achieved in establishing the rule of law and fighting crime in our country.
Ivan Geshev’s cabinet emphasizes that for the first time since 1989, charges have been brought and the court has imposed measures to keep in custody the current minister and the deputy minister of the current government, namely the Minister of the Environment. Environment and Water Neno Dimov (who belongs to the IMRO party quota – part of the ruling coalition) and Krassimir Zhivkov – Deputy Minister of Environment and Water (who belongs to the GERB political party quota).
The Prosecutor’s Office also informs the EP Commission that the criminal liability of some of the wealthiest Bulgarian citizens, whose properties were criminally acquired, and for whom the public opinion has long existed that they are untouchable from the point of view of Bulgarian Justice: Vasil Bozhkov, Plamen and Atanas Bobokovi, Valcho and Marinela Arabadjievi, Nikolay and Evgenia Banevi, Minyu Staykov and the banker Tsvetan Vassilev, who is hiding in the Republic of Serbia.
Of these, the criminal proceedings against Tsvetan Vassilev, Valcho and Marinela Arabadjievi, Nikolay and Evgenia Banevi and Minyu Staykov are presented with accusation in the judicial phase. As a consequence of the action of the Prosecutor’s Office in this regard until the end of 2019. Properties and assets were seized for more than BGN 3 billion (equivalent to approximately BGN 1.5 billion), ”said the state prosecutor’s office.
The prosecutor’s office also mentions all the important investigations and cases presented in the Bulgarian court and proceeds through the instances, such as the Sarafovo case, officials of the state administration, also for corruption crimes, that is, employees of the Ministry of the Interior and the “Customs” Agency, inspectors from the “Automotive Administration” Executive Agency and many others.
The attack on the independence of the prosecution
The state prosecutor’s office also emphasized to LIBE that as a result of the active action of its representatives, as well as the affected economic interests of large businessmen, constant attacks have been initiated against the prosecutor’s office.
The economic interests harmed were also reflected in the attacks on the independence of the judiciary, particularly the Office of the Prosecutor, including those of a media and political nature.
The information about the connections of the BOEC association with the banker Tsvetan Vassilev, who has been hiding in the Republic of Serbia for six years, is obvious / we are accused along with 17 other people of draining 3.5 billion BGN from the Corporate Commercial Bank AD bankrupt / and a substantiated assumption can be made that the actions of the representatives of this non-governmental organization are in principle motivated precisely by the interests of the defendant Vassilev, ”writes the prosecution.
They also recall that a connection has been established between the oligarch Vasil Bozhkov, who hides in the United Arab Emirates, and the organization of part of the protest actions aimed at radicalization and desecration, including through the use of violence, of “The just demands of protesting Bulgarian citizens, as on 07/14/2020, with the permission of the supervising prosecutors, the Special Prosecutor’s Office released material evidence prepared using special intelligence means: sound recordings of their conversations with Bulgarian politicians and journalists, which they show how it gives specific instructions in relation to its implementation, through which it intends to directly influence the independence of the Judiciary, particularly the Attorney General ”.
The Prosecutor’s Office also stops at the behavior of the leader of “Yes, Bulgaria”, Hristo Ivanov, who in recent months has been waging an open battle and a campaign to discredit the institution.
In his statements in recent months, Mr. Ivanov has made inadmissible calls for the “purge and re-election of prosecutors” (which can be described as a request for purge). In addition, Mr. Hristo Ivanov maintains in his political statements the opinion on the criminal inviolability of the Attorney General, whose understanding is expressed in the Decision of 5.11.2009 of the ECHR in the case Kolevi v. Bulgaria.
These statements are currently found to be incorrect, because at the end of 2019. A request for mandatory interpretation was submitted to the Constitutional Court on the question of whether the Attorney General can exercise methodological guidance and control of legality in the proceedings or pre-trial inspections, containing evidence of your involvement in the specific criminal activity.
They recall the decision of the Constitutional Court, according to which each prosecutor has the procedural opportunity to direct and supervise the relevant criminal proceedings, in cases where the probable perpetrator of the crime is the Attorney General, even to prosecute him, since the Attorney General it does not. it may have an effect on such research.
Disclosure of Case Materials
In relation to a question about the practice of disclosure of materials from preliminary proceedings by the state prosecutor’s office, they point out that in compliance with the international acts and recommendations of the European institutions that commit our country as a member of the EU and in unison With the current national strategic documents, the Office of the Prosecutor carries out its assigned activity of providing civil society with the information necessary for investigations carried out in cases of public interest, including by publishing case materials, in strict compliance with the law. Bulgarian (Article 198 of the PPC and international acts under which the Republic of Bulgaria is a country).
Therefore, in compliance with the accountability commitment of the judiciary (in this respect, exercised by the prosecution) and to stop attempts to spread misleading media coverage, the Prosecutor’s Office of the Republic of Bulgaria emphasizes the development of a proactive media policy. the public through official statements of their representatives “, writes in response to LIBE.
The prosecution also insists that the predominant number of evidentiary cases in the pre-trial proceedings was announced after public hearings were held in the proceedings under art. 64 and art. 65 of the Code of Criminal Procedure (detention procedures “Detention in custody” and “House arrest”).
They also insist that since the Constitution calls on the prosecution to be the guardian of law and order in the country, it would not allow it to be trampled on. “The broad media interest in certain cases, caused by the high public positions held by the accused, determines the predominance of the public interest over that proclaimed in art. 198 of the PPC, investigative secrecy, as well as transparency in the work of the specific prosecutors who supervise the respective cases, the activity of the General Prosecutor and the Public Prosecutor’s Office of the Republic of Bulgaria as a whole ”, write more of the state attorney.
Does President Borissov have a house in Barcelona?
LIBE did not stop asking a question about the investigation into the information circulating in public space that Prime Minister Boyko Borissov has a house in Barcelona. The Public Prosecutor’s Office responded that before a signal from the Civil Movement “Bulgaria United for a Purpose” (DG “BOEC”), addressed to the Attorney General, the Special Prosecutor’s Office has opened a file with the described subject.
In relation to this file, the supervising prosecutor carried out numerous actions in order to verify the facts and circumstances indicated in the signal and to clarify the real factual situation – says the prosecution.
And they give examples: explanations were taken from the persons indicated on the signal (including Prime Minister Boyko Borissov), tax audits and inspections of the National Revenue Agency of natural and legal persons were assigned. Some of the results of the assigned actions of various competent Bulgarian institutions are still awaited.
“To verify the veracity of the facts and circumstances of the file, it was necessary to request information from the competent judicial authorities of the Kingdom of Spain, therefore, by decree of the supervising prosecutor of 04.03.2020, the Directorate “International Operational Cooperation Al Ministerio del Interior (D “ISA”) to request information from the investigating authorities of the Kingdom of Spain on whether there is an investigation into the data exported in the article in the newspaper “El Periódico”.
Meanwhile, a new article was added to the file of the Spanish newspaper El Periódico on the sale of the house mentioned in the report to the Kingdom of Spain.
The Prosecutor’s Office also notes that, despite the contact details provided and the long period that has elapsed, the judicial authorities of the Kingdom of Spain have not yet contacted the Bulgarian police authorities.
“The investigation of the case has not been completed, so it is necessary to wait for the results of the audits assigned to the natural and legal persons, as well as the information requested by the competent authorities of the Kingdom of Spain.” It is written in the letter from the state attorney.
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