/ world today news/ It is scandalous that the Administrative Court appears as the defender of the OIC in the case of cashing the elections for municipal councilors, therefore we will refer the European Commission. This was stated by the leader of the capital’s socialists, Kaloyan Pargov.
He commented on the decision of the ASSG (Administrative Court of Sofia-city) of December 17 with No. 8035 under Ad. e. 1060982015. “The absurdities surrounding this decision start right from its announcement. The usual practice of the ASSG is to publish it on the official website of the court on the Internet under the relevant case number, explained Kaloyan Pargov. – In our case, however, it was published on the message page in the form of information that such a decision was made. There is a link to it that leads to a Word (!!!) file containing 223 pages. Usually, all decisions of the ASSG are published in PDF format to prevent its correction. For those who don’t know, in Word format anyone can write and edit, while in PDF such a thing is not possible. Our lawyer demanded the decision on paper. We received it yesterday, December 22nd, and its volume is already 236 pages – the difference is 13 pages compared to what was published on the ASSG website”.
According to lawyer Atanas Chernogorski, who represents the Local Coalition BSP Left Bulgaria in the case in question, the decision is incorrect and unmotivated. “All the violations that have already been committed in the course of this court proceeding show the commitment of the “independent” judicial power to the ruling political power at the moment, Kaloyan Pargov, who represents the Local Coalition BSP Left Bulgaria, is categorical. – In our case, the court turned from an independent arbitrator into a direct defender and lawyer of one of the parties, namely the OIC. We believe that, in this way, the ACSG violates the basic principle of equality of the parties in a process”.
Kaloyan Pargov noted that in the course of the court proceedings, the ASSG rejected all evidentiary requests of the complainants. In this way, the plaintiffs were deprived of absolutely all methods and means to prove the violations in the electoral process under the APC and CPC. “In this situation, I would like to ask how we could prove our claims, added Pargov. – The court showed itself as a defender of the OIC and justified the violations committed by it with the definitions “technical error” and “amendments to the preferential votes do not reflect on the result”, although it did not assess the violations as a whole according to all protocols, but considered them separately. In addition, it was not clear where the votes taken from some went and to whom they were given as a result of the amendments”.
The leader of the BSP-Sofia categorically stated that the decision of the ASSG will be appealed to the Supreme Administrative Court. “Furthermore, we will inform the European Commission of all the absurdities in this case, threatened Kaloyan Pargov. – I would also like to ask the honorable judges of the Supreme Court whether an official document such as the minutes of the SIK can be used as evidence in a case. And is this same document lawful, as well as what is its probative value, if amendments have been made to it in violation of Art. 441, para. 1 and Art. 445, para. 5 of the Electoral Code and the same were carried out by an unknown person, without signing and explicitly writing “amendment”, as well as other marks to identify the perpetrator of the amendment. We have more questions to which we hope the Supreme Court will give fair answers during the appeal.”
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