Special Justice for Special People

The strange development in the Sofia City Court of Georgi Cholakov’s case, the election of the Backstage Hall as Chairman of the Supreme Administrative Court, rumored to be the new head of the Supreme Court of Cassation, clearly shows the mastery of the judiciary by Dogan Inc.

Real estate in a nice place in the capital, bought at a strangely low price. A far from random buyer. The vicissitudes of the injured owners tried to seek their rights in court. Mysterious distribution of the case in the Sofia City Court. And to top it off, the foretold end of the case. Namely, won by the defendant Georgi Zlatev Cholakov, at that (and at the moment) – Chairman of the Supreme Administrative Court.

Thus, in a few words, one can summarize the saga in which one of the favorites of the status quo in the judiciary, elected by the SJC in 2017 with a huge, cast iron majority for President of the Supreme Administrative Court Georgi Cholakov, has a central participation. The same SJC, which two years later pushed the Ivan Geshev phenomenon to the public for Prosecutor General. With all the ensuing consequences. The same SJC, which in 2018 elected as chairman of the Sofia City Court, the largest Bulgarian court, a person without Bulgarian citizenship. The same SCC that in 2019 “conveniently” decided Cholakov’s case. In the right way.

About the strange “property” work of Georgi Cholakov was the first
to write
from Capital shortly before his election, under the title “Bug in the system“. Although the case was officially raised in the SJC even before Cholakov’s election, the cast-iron majority in the Council, together with the Inspectorate at the SJC, successfully covered and
neglected
it. Generally speaking, in 2003 Cholakov bought an apartment in a metropolitan neighborhood at a price more than three times lower than the market price. Sellers are two spouses who have an interest in getting rid of the apartment quickly. Moreover, during his legal practice, Cholakov worked in a law firm with one of the spouses. Most likely, this is how he understands that “on the market” there is an interesting property – practically for free.

However, things get complicated when the earlier owners of the apartment try to attack the deal as null and void and concluded without a legal basis. Apparently, the apartment was burdened with burdens, which, however, did not prevent its sale to Cholakov. The previous owners, who are elderly, filed a civil lawsuit before the Sofia City Court in May 2016, when it was already commented who is Georgi Kolev’s favorite for the next chairman of the Supreme Administrative Court. It was after the filing of the lawsuit that the “miracles” began, as our inquiry showed. The case was initially assigned to Bojana Zhelyazkova, a judge who enjoys a good reputation in principle. According to the random allocation protocol, she was randomly selected from among 20 other judges. A careful review of the case, however, shows that only 2 months later there is another judge in the case, Svetoslav Vasilev. Which is weird for several reasons. First, Judge Vassilev works in a commercial department, not in a civil one. Second, there is no protocol for the allocation of the case exactly to it, as well as there is no definition of recusal of Judge Zhelyazkova. The mysteries, however, do not stop there – a year later, there is already a new, third judge in the case – Maria Kuzmanova. There is also no protocol for distribution, nor is it clear how, when and why Judge Vassilev was taken. Maybe he was taken away by someone.

It was Judge Kuzmanova, in April 2019, who ultimately ruled in favor of Georgi Cholakov and the two spouses from whom he had acquired the Sofia apartment at a bargain price. Judge Kuzmanova does not even bother to analyze the facts and law of the case – instead, she uses the “shortcut” – she refers to an expired statute of limitations. Whether this is objective or not, we have no way of knowing – because the decision does not go through any instance control. Exhausted and disillusioned with the case, the elderly decided not to appeal. Moreover, by the date of the judgment, one of them was no longer alive. The case is conveniently covered up and forgotten without ever getting to the heart of the problem – namely, the simulativeness of the price and the potential tax problems arising from it. More or less like the great flat-breader Tsvetanov with his golden balcony and private elevator, bought at a cheap price from Arteks. In exchange for certain legislative services.

BIRD addressed official questions to the press attaché of the SCC in order to clarify the strange movement of this case. The questions we never answered were as follows:

As evidenced by the CSSRD, for rapporteur on the d.d. 5679/2016 only Judge Bozhana Zhelyazkova has been appointed. At the same time, it is evident from the progress of the case that two other judges also rule with acts — including a final ruling on the merits.

1)

What is the reason why the names of the other two judges do not appear in protocols in the CSSRD on the case?

2)

For what reason, on what principle and on the basis of which legislation (or order of the Chairman of the SCC) was the original rapporteur on the case replaced?

3)

If there are dismissors of judges in the case, why are they not visible in the CSCD — or anywhere else?

4)

If there are any recusals, please provide us with the full reasons for them — for each recusal.

5)

Was there regular service of the decision of 12.04.2019 on the plaintiffs with a view to their timely exercise of their legal right of appeal?

Moreover, the initials of the defendant are conveniently hidden from the SCC website. That is, the only way for an outside observer to understand that one of the persons being tried is precisely Georgi Zlatev Cholakov, is to carefully read the final decision. Then, and only then, are the telltale initials G.Z.H. noticeable. Otherwise, complete comfortable anonymity of the President of the Supreme Administrative Court is ensured. See for yourself:

As early as the summer of 2017, Georgi Cholakov was “pointed-with-the-finger” by the then head of the Supreme Administrative Court Georgi Kolev as his successor. Kolev, who was elected to this post in 2010 under the strong pressure of GERB, without having an ounce of experience in administrative justice – as far as at that time he was a criminal judge, and a graduate of the notorious Militia’s School (in Simeonovo). Cholakov’s hearing in the SJC was remembered mainly for two things. First, Kolev said in an unobjectionable voice that this was the “necessary” candidate. However, he failed to say necessary for whom and what. Secondly, Cholakov himself, asked about the random distribution of cases in the Supreme Administrative Court, replied “well, we are doing the deeds.” That is, the immortal expression for the “jurcation of deeds” started precisely from him. Without being specialists in agriculture, it still seems to us that it is djurka beans. Not deeds! To “djurkash” cases on which human destinies, properties and even lives depend rather brings associations for “adjustment” and “fixing” of cases, rather than for the objective and impartial distribution and consideration of them. Either way, Cholakov was elected then. And when President Radev returned the election, the SJC simply re-voted it. Just like they did later with Geshev. Who is also a graduate of the Militia School. As Tsatsarov said at the time: “I will vote for Mr. Geshev five times if necessary.” Well, you didn’t have to. Only twice was enough.

Unfortunately, the matrix of appointments of the “big three” (and not only) in the judiciary has long been refined and refined. The mechanism was crushed and tested to perfection. And Georgi Cholakov justified the high trust given to him by the status quo. For 4 years there has been complete “silence” in YOU. The judges there never “riot”, do not make a fuss against the “authorities”, do not participate in various “signatures” on some supposedly important for justice and society “causes”. Silence, silence, silence. The postings, brought to the point of perversion by Georgi Kolev, continued in full force under Cholakov. For reference – in 9 of the recently “promoted” SAC judges, 6 found themselves pre-seconded. What career competitions, what 5 leva. And posting, as we have long known, is tantamount to obedience. To the boss. So that he doesn’t send you away suddenly. Obedience is necessary for the schemes to work. Reference: the cases around Dunarit, Emko, Turkish Stream, Belene, FIB/BDB, Dogansaray, the seizure of almost the entire telecom sector by the swindler Spas Rusev – and many, many more examples. The list, if not endless, is at least quite long.

The procedure for another key choice for the system – or rather “installation” has already begun. Candidates for President of the Supreme Court of Cassation. The last pillar, still untouched by the deep state. Understand from Dogan, Peevski and company. One of the names of candidates is that… Georgi Cholakov. Loyalty is rewarded, after all. And if a huge “mistake” was made with Lozan Panov, the deep state will do everything possible this time to insure itself. No more such “mistakes” can be made. That is why the stakes are enormous, which is why our society is facing its next Rubicon. There have even been calls from the legal community – including the Supreme Court of Cassation – for early termination of the SJC’s mandate in order to prevent at all costs another shameful and predestined installation of the “right” person. Recently, having lost some of their power and economic positions, GERB and MRF will at least try to secure this last “sweet bite” – control over the Supreme Court of Cassation. Think for a moment what would happen if someone like Tsatsarov – or like Georgi Ushev – stood at the head of the court. We have little reason to believe that this is impossible – the cast iron majority of GERB and MRF in the SJC is still alive, healthy and prosperous. And as before, these judicial cadres will choose the one they are pointed at with the finger from Bankya and Rosenets. And so the “grand slam” of GERB and MRF will be realized – control over the Supreme Administrative Court, the Prosecutor’s Office and (finally) the Supreme Court of Cassation. Although Parliament had the golden chance to “fire” this Judicial Council and elect a new one, this chance was irresponsibly and carelessly wasted. It remains only to hope for the other healthy, resisting forces in civil society to prevent and allow the stat to be reproduced again – and at the top of the most important court in Bulgaria. Otherwise, a huge step back will be taken. Back to the darkness. And obscurantism. And Dogan, Inc . likes that.

***

За да научавате преди всички за нови разследвания, инсталирайте си нашето мобилно приложение:

Щом сте стигнали дотук, вероятно вече си задавате въпроса как се финансира този журналистически проект.

От създаването си BIRD се финансираше от подаяния в нашето журналистическо чекмедже.
Но на чекмеджето му мина времето. Даже прокуратурата затвори онова Чекмедже, знаете кое…
Нашето финансиране влиза в крак с епохата. Фондонабиращата ни кампания вече се казва

#МятайСБЪРД

Дарявай за BIRD и мятай павета в блатото с корумпирани политици и други тарикати.
Те тайно премятат пари от твоя джоб в своя. Те размятат безнаказано лукса си пред очите на всички. Няма кой да ги накаже ако се надяваш на държавата.
Мятай, за да ги накажеш ти. Да дариш за разследващите журналисти е гаранция, че гадостите, с които силните на деня те замерят, ще им се върнат.
Можеш да метнеш веднъж, за да ти олекне!
Но по-добре е да мяташ редовно всеки месец и да се чувстваш трайно удовлетворен.
А най-добре е да доведеш приятели и да мятаме редовно заедно в екип. С мощен залп!
*За кръстник на новата ни фондонабираща кампания избрахме другарката Ваня. Благодарим й за вдъхновението!