Bulgarian Prosecutor’s Office responded to questions from the EP civil liberties committee
"The actions of the Prosecutor's Office of the Republic of Bulgaria in the past two years in connection with the fight against crime and the imposition of the rule of law are unprecedented in nature in recent Bulgarian history since 1989." This is written in a letter by the Bulgarian Prosecutor's Office to the Committee on Civil Liberties (LIBE) in the European Parliament (EP), which was sent by the Office of the Prosecutor General regarding questions about the work of the Prosecutor's Office in criminal proceedings on corruption crimes.
In their letter to LIBE, which contains 25 pages, the Prosecutor's Office describes the overall activity of the state public prosecution and the results achieved in establishing the rule of law and the fight against crime in Bulgaria.
The Prosecutor’s Office emphasizes that for the first time since 1989, charges have been brought and the court has imposed detentions of a minister from the current government, namely the Minister of Environment, Neno Dimov (who is from the quota of the IMRO party - part of the ruling coalition) and Krassimir Zhivkov - Deputy Minister of Environment and Water (who is from the quota of the political party GERB).
The Prosecutor's Office also reports to the Commission in the EP that criminal proceedings were initiated against some of the richest Bulgarian citizens, whose property was acquired in a criminal way, and for whom there has long been a public opinion that they are untouchable from the point of view of Bulgarian justice - Vasil Bozhkov, Plamen and Atanas Bobokovi, Valcho and Marinela Arabadzhievi, Nikolay and Evgenia Banevi, Minyu Staykov and the former banker Tsvetan Vassilev, who is hiding in Serbia. Of these, the criminal proceedings against Tsvetan Vassilev, Valcho and Marinela Arabadzhievi, Nikolay and Evgenia Banevi and Minyu Staykov are filed with an indictment in the court phase.
"As a result of the actions of the Prosecutor's Office, until the end of 2019. property and assets amounting to more than BGN 3 billion (equivalent to approximately EURO 1.5 billion) were restrained, ” the state prosecution said.
The Prosecutor's Office also mentions all major investigations and cases filed in the Bulgarian court and moving through the instances, such as the Sarafovo case, civil servants from the public administration, also for corruption crimes, namely - employees of the Ministry of Interior and the Customs Agency, inspectors from the Executive Agency "Automotive Administration" and many others.
The state prosecution also emphasized to LIBE that as a result of the active actions of its representatives, as well as the affected economic interests of big businessmen, constant attacks on the prosecutor's office have started.
“The harmed economic interests were also reflected in the attacks on the independence of the judiciary, in particular the Prosecutor's Office, including those of a media and political nature. The information about the connections of the BOETS association with the banker Tsvetan Vassilev, who has been hiding in the Republic of Serbia for six years now, is obvious (he was accused together with 17 other people for siphoning off BGN 3.5 billion from the collapsed Corporate Commercial Bank AD) and a well-founded 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 ”, the prosecutor's office writes.
They also remind that a connection has been established between gambling businessman Vassil Bozhkov, who is hiding in the United Arab Emirates, and the organization of part of the protests aimed at radicalization and desecration, including through the use of violence, of the "fair demands of the protesting Bulgarian citizens". On 14 July, 2020, with the permission of the supervising prosecutors, the Specialized Prosecutor's Office disseminated material evidence prepared by using special surveillance devices - sound recordings of his conversations with Bulgarian politicians and journalists, which show how Bozhkov gives specific instructions in connection with their conduct, thereby aiming to have a direct impact on the independence of the judiciary, in particular the Prosecutor General ”.
The Prosecutor's Office also dwells on the behaviour of the leader of "Yes, Bulgaria" Hristo Ivanov, who in recent months has been waging a fierce battle and a campaign to discredit the institution.
"In his statements in recent months, Mr. Ivanov has made inadmissible calls for "cleansing and re-selection of prosecutors "(which can be described as a request for lustration). In addition, Mr. Hristo Ivanov maintains in his political statements the opinion on criminal immunity of the Prosecutor General, which understanding is expressed in the Decision of 5.11.2009 of the European Court on Human Rights in the case of Kolevi against Bulgaria. These statements made by Hristo Ivanov, at present, we find incorrect, because at the end of 2019, a request was submitted to the Constitutional Court for a mandatory interpretation on the question of whether the Prosecutor General may exercise methodological guidance and supervision of legality in pre-trial proceedings or inspections, which contain data on his involvement in the specific criminal activity," the state prosecution wrote, recalling 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 Prosecutor General, including to bring charges against him, the Prosecutor General may not exert any influence on such an investigation.
In connection with a question regarding the practice of disclosing materials from pre-trial proceedings by the state prosecution, they point out that in pursuance of the international acts and recommendations of the European institutions engaging Bulgaria as an EU member and in unison with the current national strategic documents, the Prosecutor's Office carries out its assigned activity of providing the public with the necessary information for the conducted investigations in cases of public interest, including by publishing materials from cases, in strict compliance with Bulgarian legislation (Art. 198 of the Penal Procedure Code and international acts under which the Republic of Bulgaria is a party).
"Therefore, in fulfilment of the commitment to accountability of the judiciary (in the aspect of the same, which is exercised by the Prosecutor's Office) and to stop attempts of spreading misleading media coverage, the Prosecutor's Office of the Republic of Bulgaria emphasizes the development of proactive media policy in the direction of informing the public through official statements by its representatives, " the Prosecutor’s office wrote to LIBE in the reply.
The prosecutor's office is also adamant that the predominant number of cases, the evidence in pre-trial proceedings were disclosed after open court hearings were held in proceedings under Art. 64 and Art. 65 of the Criminal Procedure Code (detention proceedings “Detention in custody” and “House arrest”). They are also adamant that since the prosecutor's office is called by the Constitution to be the guardian of law and order in the country - it would not allow it to be trampled.
"The wide media interest in certain cases, provoked by the high public positions held by the accused, determines the predominance of the public interest over the investigative secret referred to in Art. 198 of the PPC, as well as transparency in the work of the specific prosecutors supervising the respective cases, the activity of the Prosecutor General and the Prosecutor's Office of the Republic of Bulgaria as a whole,” the state prosecution wrote.
LIBE also asked about the investigation related to information published in the media that Prime Minister Boyko Borissov has a house in Barcelona.
The prosecutor's office replied that on a signal from the Civic Movement "Bulgaria United for One Goal" ("BOETS"), addressed to the Prosecutor General, the Specialized Prosecutor's Office has opened a file with the described subject.
In connection with this file, numerous actions were taken by the supervising prosecutor in order to verify the facts and circumstances set out in the signal and to clarify the actual factual situation, the prosecutor's office says.
And they give examples: explanations were taken from the persons indicated in the signal (including the Prime Minister Boyko Borissov), tax audits and inspections were assigned by the National Revenue Agency of individuals and legal entities. Some of the results of assigned actions from various competent Bulgarian institutions are still expected.
"In order to verify the veracity of the facts and circumstances of the case file, it was necessary to request information from the competent judicial authorities in the Kingdom of Spain, therefore by decree of the supervising prosecutor from 04.03.2020, it was assigned to the Directorate "International Operational Cooperation” at the Ministry of the Interior to request information from the investigating authorities in the Kingdom of Spain as to whether there is an investigation into the data disclosed in an article in the Spanish daily “El Periodico”. In the meantime, a new article was added to the file. The article was published in the Spanish newspaper “El Periodico” concerning the sale of the house in Spain mentioned in the signal.
The Prosecutor’s Office also points out that despite the contact details provided and the long period of time that passed, the judicial authorities in the Kingdom of Spain have not yet contacted the Bulgarian law enforcement authorities.
"The investigation in the case has not been completed, and in this regard it is necessary to wait for the results of the assigned audits of individuals and legal entities, as well as to wait for the information requested to be provided by the competent authorities of the Kingdom of Spain," the letter reads.
