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The GERB proposal, backed by United Patriots, that a prosecutor investigate the state’s chief prosecutor, was harshly criticized by Democratic Bulgaria’s co-president Hristo Ivanov.
It is expected that the introduction of the figure of the prosecutor over the Attorney General will be made with changes in the Criminal Procedure Code and the Law of the Judiciary. This is the government’s second attempt to overcome the European Commission’s criticism of the prosecutor’s immunity.
“What is proposed does not correspond to the recommendations of the Venice Commission, nor to elementary common sense. This is another insulting mockery of the citizens who protested and hope for some kind of judicial reform in Bulgaria,” Hristo Ivanov told BNR.
The former Justice Minister explained that the Venice Commission insisted on an investigative mechanism that would be completely independent from the attorney general. This requires a mechanism for selecting and implementing the investigating prosecutor in question, which is beyond the ability of the chief prosecutor to influence the nomination process. Second, it requires that when the main prosecutor is investigated for a crime, he be removed from his post, at least until the case is clarified, otherwise he will be able to influence ”, Hristo Ivanov was categorical.
According to him, the mechanism proposed by the ruling party is completely closed in the SJC, because prosecutors will only be able to nominate one candidate.
“This SJC is dominated by the chief prosecutor, this has been proven many times … Suddenly we expect him to choose someone to investigate,” Ivanov said.
He added that the elected prosecutor, regardless of the duration of his mandate, will have to return to the prosecution and will be hierarchically subordinate to the chief prosecutor, whoever he is. “We are not talking about specific people, the problem is structural. A hierarchically subordinate person cannot investigate someone who is above him in the hierarchy,” Ivanov said.
According to him, the proposal is being made now because Chief Prosecutor Ivan Geshev is doing Prime Minister Boyko Borissov a favor by “covering the problems with the photos” under the rug, and Borisov must provide him with legislative action to end the issue. to hold Geshev responsible. .
“Geshev has carried out several actions that could be investigated very quickly if a mechanism for this emerges,” said the co-president of Democratic Bulgaria, giving examples of the actions of Ivan Geshev.
“He ordered or allowed the publication of materials prepared with the help of the SRS, outside of the procedural use for which they were created. Second, the records of the prime minister’s villa, in which Borisov describes his operation, potentially speak of a very serious violation of the separation of powers and using the powers of the prosecution in the context of a political campaign, to hit different people and save Borisov from the problems he had with Elena Yoncheva at that time, “said Hristo Ivanov.
He predicts that the government will rush to push through these changes before the elections to announce that the subject of the Attorney General’s investigation is over.
