The Committee of Ministers of the Council of Europe in the “Human Rights” format assessed today the implementation by Bulgaria of the decisions of the European Court, the press service of the institution announced.
The disseminated assessment provides an overview of the actions in two cases, one of which involved the 2002 murder of prosecutor Nikolay Kolev, who was shot dead in Sofia. The Committee concludes that this case concerns the lack of guarantees for the independence of investigations concerning the Prosecutor General and other high-ranking officials close to him.
The Committee welcomes the significant efforts, recently laid down by the Bulgarian authorities to draft legislative amendments. Ministers note that legislative changes to the introduction of a special prosecutor to investigate the attorney general include positive provisions, and welcome as an important step the introduction of judicial review of the special prosecutor’s refusal to initiate pre-trial proceedings, the statement said.
However, the Committee notes that legislative changes contain gaps and shortcomings. Given the current format of the Supreme Judicial Council (SJC), the changes may not be sufficient to exclude the influence of the Prosecutor General on the selection and accountability of the Special Prosecutor, the assessment said. It is added that it is important to reduce any possible influence of the Prosecutor General in the SJC and to consider appropriate measures in this direction before the election of a new SJC next year.
Bulgaria is invited to introduce clear rules for the suspension of the Prosecutor General from a position under the Judiciary Act. The Committee calls for rules for the independent replacement of the special prosecutor outside cases of one-off urgent investigative actions, or for a list of magistrates to be prepared to act temporarily as prosecutors.
The Committee called on the Bulgarian authorities to give an opinion on whether the introduction of a shorter term for the first special prosecutor is not necessary in order for the legal changes to enter into force without undue delay. The Committee reiterates its call for introduction of judicial control over the refusals of the prosecution to initiate pre-trial proceedings.
The next assessment of the European ministers in these cases is expected by the end of the year.
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