© Tsvetelina Belutova
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All responsible institutions in Bulgaria are silent on the question of whether there is any movement at the request of the prosecutor’s office for the extradition of businessman Vasil Bozhkov. He has lived in Dubai for more than a year, and in Bulgaria there are 18 charges for serious crimes. Meanwhile, Bozhkov is running for parliament in the upcoming April 4th parliamentary elections. He is currently enjoying the immunity of a candidate for MP, and if elected, he will also receive parliamentary immunity.
On Wednesday (March 24) in the presentation of ideas of justice of his party (this happens in live conversations on Facebook between Bozhkov and experts who present ideas) however, the businessman announced himself for the waiver of parliamentary immunity.
With immunity or not, however, the question remains whether Bozhkov can return to Bulgaria while the extradition procedure is underway in the United Arab Emirates. On January 31 in an interview with BNR he himself did not say specifically, but it was clear from his words that this procedure was not over and that he was not allowed to leave Dubai while it was ongoing. However, this restriction is related to his extradition – so that he does not travel to other countries, but if he decides to return to Bulgaria, he can do so, lawyers commented to Dnevnik.
On March 15, Bozhkov tagged in a Facebook post from Barcelonaafter the Court of Justice of the European Union in Luxembourg declared all European arrest warrants issued by Bulgaria invalid. It was issued for Bozhkov himself and then he reacted with a comment on social networks – “I’m coming”. There is no official confirmation whether he really left Dubai and where he is now. Facebook allows everyone to choose a location, regardless of where it is located.
Practically the only information that some procedure still exists and it is underway, it comes from Bozhkov himself and has not been confirmed by any institution in Bulgaria. There is no answer to the question how long the procedure will last and at what stage, as well as whether it is possible that it was refused and what follows.
In this situation, all the moves, what to do, seem to depend on Bozhkov himself.
In Bulgaria from February 27, 2020 there is a final court decision to detain him for 72 hoursif you enter the country. And hypothetically, if he is elected MP and acquires immunity, it may not protect him for a long time, as he can be removed at the request of the prosecution and after a vote in the National Assembly.
Bozhkov: I’m not hiding, no one is looking for me
Bozhkov has repeatedly stated that he is not hiding, he claims that no one is looking for him. In a letter to the media circulated on March 4, he said it was a lie and there was no reason to call him “a businessman hiding in Dubai”.
Everything you need to know about elections – read here
“I have never hidden from anyone. I have fled even less. I have left the territory of Bulgaria in accordance with the law. Moreover, I have personally submitted a signal to the prosecutor’s office and all competent institutions for racketeering and extortion with evidence of the biggest corruption My address in Dubai is also listed there. Everyone who called me found me, and every media outlet that wanted me contacted me. Trends and suggestions are particularly dangerous and well paid, when elections are approaching. Everyone involved in politics and the media is aware of this fact. I am not outside Bulgaria of my choice, “he wrote to the media and posted on Facebook.
Dnevnik asked Bozhkov with questions about the extradition procedure, his current status, whether he could leave Dubai, but we did not receive any answers from him for more than a week.
Meanwhile, he himself announced his position on the immunity of MPs during the presentation of the program of the party “Bulgarian Summer” for the judiciary, stating that it should be abolished and all citizens should be equal. During the presentation, there was no opportunity to ask questions from the media and it was not clear whether he himself would waive his immunity if he received one. (More about the program and the elimination of the figure of the Prosecutor General – here.)
Will Vasil Bozhkov be extradited – an unanswered question
Dnevnik addressed a series of questions to the three main institutions involved in the procedure for requesting Bozhkov’s extradition on February 1st. So far, there have been answers from the Ministries of Justice and Foreign Affairs, but not from the prosecutor’s office, which is the main body involved in the request for his return.
“The Ministry of Justice is not a party to the extradition request of Vasil Bozhkov. The Office only assisted in sending the documents, which were moved through diplomatic channels. We do not have information on the progress of the procedure, contact the prosecutor’s office – it is the body that sent this request. “This was explained to Dnevnik by the department headed by Desislava Akhladova.
More than a year ago, on February 17, 2020, her predecessor Danail Kirilov explained that the package of documents, which is over 200 pages, was translated into Arabic and sent from the prosecution to the Ministry of Justice, and from there immediately to the United Arab Emirates.
Ministry of Foreign Affairs “has no direct competence to carry out extraditionsrelated to Bulgarian citizens “, replied from there.” The competent institutions related to the extradition procedure are the Prosecutor’s Office and the Ministry of Justice. The role of the Ministry of Foreign Affairs shall, in the event that instructions are received from the competent institutions, provide the necessary assistance to forward the relevant documents to the addressees indicated by those institutions. “
And the prosecutor’s office, which demanded more than a year ago that Vasil Bozhkov be extradited of the Bulgarian authorities and investigated here on 18 charges against him, is silent and does not provide any information on the stage of the procedure.
In an interview with BTV on May 8, 2020, on the question of his status in the United Arab Emirates, Vasil Bozhov said he was a “resident”, as well as that he entered the country “on business” and if he leaves the territory of the UAE, he will probably be arrested. (What does it mean to be a “resident” in the UAE – read here)
The role of immunity
Vasil Bozhkov is running for MP from the capital’s 25th multi-member constituency in Sofia, where the so-called leadership battle and the leaves are led by Boyko Borisov and Cornelia Ninova. Bozhkov is the leader of the list of the party “Bulgarian National Union – BNO”, whose chairman Georgi Georgiev ceded his registration on the platform “Bulgarian Summer”, as can be seen from the registrations in the regional commission.
As a candidate for MP, he currently has immunity. According to the Electoral Code, Bozhkov, as well as all other candidates for MPs, enjoy the protection regulated in Art. 103 of the Code.
Art. 103. (1) From the date of registration the registered candidates may not be detained or brought in as accused except in the cases of a serious crime.
(2) When the registration of a candidate is deleted, the rights under para. 1 shall be terminated from the day of deletion.
(3) The provision of para. 1 shall not apply when the registered candidates have been detained or brought in as accused before the date of registration.
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His immunity as a candidate for MP can be lifted at the request of the prosecutor’s office and by a decision of the Central Election Commission. Hypothetically, if Bozhkov is elected MP and enters parliament, he will also enjoy immunity.
“Those who make the laws must abide by them most strictly. I see no reason for a senior government official to hide behind the state. No one should have immunity and all citizens should be equal.”
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In Bulgaria, immunity is waived at the request of the Prosecutor General and with the permission of the National Assembly for crimes of a general nature for the investigation of a specific crime. In case the prosecutor’s office requests the immunity of a deputy, he may voluntarily waive it and not vote in the National Assembly.
In other cases, deputies will be held accountable for their actions after the expiration of their term, if they are not re-elected and the statute of limitations has not expired. MPs have no immunity from administrative prosecution and civil proceedings.
If Bozhkov is elected MP, the proceedings against him must stop, explained to “Dnevnik” lawyers, as the presence of immunity is an obstacle to the continuation of any action with him – arrests, interrogations, filing charges and others. As soon as immunity is waived or a Member waives it voluntarily, proceedings can be resumed.
However, the practice shows that there are no cases or they are rather exceptions in which the National Assembly refuses to lift the immunity of a deputy in order to be investigated, and this is rather a formal defense.
© Diary
– There is no information from the prosecutor’s office for more than a year about the stage of the procedure for the extradition request of Vasil Bozhkov, whether diplomatic talks are being held and whether there have been subsequent visits by prosecutors to Dubai.
About the peculiarities of extradition
A year ago, the information that Vasil Bozhkov was arrested in the UAE, initially was reported unofficially by Chief Prosecutor Ivan Geshev. He then officially confirmed it, and in mid-February 2020. Bulgarian media reportedthat Bozhkov, who according to information of the Bulgarian side is in custody in the UAE since the end of January, has been released. Whether the businessman with interests in gambling Vasil Bozhkov will be handed over to the Bulgarian authorities is more a matter of diplomatic relations, rather than legally, as Bulgaria does not have legal cooperation with the United Arab Emirates, explained then former Minister of Justice Danail Kirilov.
At that time, the Specialized Court of Appeals ruled that if Bozhkov returned to Bulgaria or was brought here, he will be detained for 72 hours. Only a few hours later, the state prosecution announced that two prosecutors from the Supreme Cassation Prosecutor’s Office were on a working visit to the United Arab Emirates from February 25 to 27.
What is the extradition regime from the United Arab Emirates read here.
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