They demanded the resignation of Ivan Geshev from the rostrum of the National Assembly (VIDEO)

DECLARATION

on the ruling coalition and the parliamentary groups of Continue Change, BSP for Bulgaria, There is such a people and Democratic Bulgaria

The coalition:

• Recognizing that the systemic erosion of the rule of law in the country is due to the building of oligarchic dependencies on institutions, corruption at high levels of government over the last decade, and the lack of effective investigation and prosecution by the Bulgarian prosecutor’s office;

• Considering that the status and functions of the Prosecutor General deviate significantly from the established standards of the European Union and the Council of Europe, and that there are no effective mechanisms for seeking accountability and responsibility of the Prosecutor General

• Taking into account the systematic findings and recommendations of the European Union institutions in various official documents regarding the ineffectiveness of the investigation of high-level corruption – namely: the Rule of Law Report 2020, the Co-operation and Verification Mechanism Report from 2018, European Parliament Resolution on the rule of law and fundamental rights in Bulgaria;

• Having regard to the specific findings of the European Parliament Resolution of 8 October 2020 on the rule of law and fundamental rights in Bulgaria, I quote:

“Concerned about the continuing lack of high-level corruption investigations that will lead to tangible results; the need to conduct serious, independent and active investigations and achieve results in the fight against corruption, organized crime and money laundering, as well as an in-depth study of allegations of high-level corruption following the recordings that appeared in the summer of 2020, as well as in connection with the Apartmentgate scandal, the guest house scandal, the tanker affair, the case of the coastal property in Rosenets and the scandal related to the alleged illegal transfer of money from the Bulgarian Development Bank, all of which together – talk about deep and systemic weaknesses in relation to the rule of law and anti-corruption measures in Bulgaria; “end of quote.

• Taking into account the position of the European Commission on the National Recovery and Sustainability Plan, which explicitly calls for the introduction of an effective mechanism for investigation, accountability and responsibility of the Prosecutor General, as well as measures to ensure the rule of law as a condition for obtaining funding for projects under the plan;

• Having regard to the recommendations and standards of the Venice Commission of the Council of Europe regarding the effective investigation, accountability and responsibility of the Prosecutor General – Opinion of the Venice Commission on the Judiciary Act 2017, Opinion of the Venice Commission on the Law on the Judiciary amendment and supplement to the Code of Criminal Procedure and the Judiciary Act regarding the criminal investigation of senior magistrates from 2019;

• Having regard to the judgment of the European Court of Human Rights of 5 November 2009, Wheelsc/a Bulgaria (complaint № 1108/02) on the lack of an effective investigative mechanism with regard to the Prosecutor General;

• Considering that according to the Rule of Law Index of World Justice Project for 2021 Bulgaria is ranked 62nd (and penultimate for the Union) out of 139 countries; whereas, according to the Corruption Perceptions Index 2020, the Transparency International Bulgaria ranks 69th in the world out of 180 countries and ranks last in the European Union;

• Considering the systemically low levels of public confidence in the Prosecutor General – 10% in 2021 (according to Alpha Research), as well as the mass civil protests in 2020, demanding the resignation of the Prosecutor General;

• Recognizing the inaction of the prosecution and its leadership in investigating high-level corruption cases that have led to the imposition of unprecedented sanctions under the US Global Magnitsky Act, which undermine the country’s international prestige;

• Given the lack of effective investigation of cases or progress in cases of high public interest: the cases of draining and bankruptcy of CCB, the case of the “Eight Dwarfs”, the case of “Apartment Gate”, the case of inexplicable wealth demonstrated at the residence of the former minister – Chairman;

• Taking into account the selective activation of the leadership of the prosecution in accordance with the political situation and the dependence on the ruling formations until May 2021;

• Paying attention to a number of politically motivated statements and specific actions of the Prosecutor General, incl. publicly expressed negative assessments and qualifications of individual political leaders, as well as close relations with other political leaders;

• Emphasizing the violation of explicit legal, professional and ethical standards in relation to the disclosure of information obtained through special intelligence means (SIA), including with regard to the head of state;

• Stressing cases of abuse of power in connection with the unconstitutional incursion of armed persons under the direct authority of the Prosecutor General in the official building of the Presidency and carrying out actions that have been overturned as illegal by the court;

• Stressing that the Prosecutor General did not protect the constitutional rights of citizens to peaceful protest by allowing his directly specialized Specialized Prosecutor’s Office to demand mass implementation of the SRS against hundreds of peacefully protesting Bulgarian citizens (including opposition political leaders, journalists, civil activists) classified as a threat to national security;

• Noting that a motivated request for dismissal of the Prosecutor General has been submitted to the Supreme Judicial Council by the Minister of Justice on the grounds of Art. 129, para. 3, item 5 of the Constitution and in accordance with the Judiciary Act;

• Whereas the Bulgarian Prosecutor’s Office also employs many worthy professionals who cannot demonstrate their effectiveness under a leadership that has lost public trust and institutional support, including from European and American partners;

• Considering that there are currently no other effective constitutional mechanisms for the accountability of the Prosecutor General,

CALLS:

the Chief Prosecutor of the Republic of Bulgaria Mr. Ivan Geshev to resign, thus taking responsibility for his actions and enabling the Bulgarian Prosecutor’s Office to fully perform its constitutional functions in protection of the public interest, the rule of law and the rights and freedoms of citizens .

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