Special Prosecutors out of the Special Prosecution Office

The protests of the hot summer of 2020 focused public attention on the figure – and the current persona – of the Prosecutor General. But they achieved a similar effect in terms of the so-called. Specialized justice. A consensus was formed in society regarding the closure of the specialized court and prosecutor’s office, which materialized in the adoption at first reading of the law on their closure in the previous National Assembly. For the second reading, it was not enough just a few days. In the current political configuration and parliament, the ruling coalition has given a clear statement that it intends to bring the procedure to an end. According to statements by leading coalition politicians, the bill is expected to move to parliament before the end of February.

Against the backdrop of all this, however, a little outside and away from the public and legislative focus remained some little-known structures, situated outside the specialized prosecutor’s office. The subject of our analysis will now be precisely them, insofar as they will certainly survive the closure of the SP and the ASA. It is about the so-called “specialized” departments of Sofia City and Sofia Regional Prosecutor’s Offices. Only recently – thanks to the efforts of the caretaker ministers of justice prof. Yanaki Stoilov and Ivan Demerdzhiev – the society found out about their existence. This happened in the context of the case of the random distribution of cases and files in the courts and prosecutor’s offices. And if with regard to the court we listened to irrigation and sarcastic comments from Ivan Geshev such as “as if we had not had justice in the last 5 years”, then the issue of the prosecution was in a comfortable fog. At least until Minister Demerdzhiev put him at the forefront in an
interview
with the Bulgarian National Radio – where it became clear that there are vicious practices in the distribution of files in the state prosecution. One aspect of the problem is precisely the existence of the so-called. specialised departments, where files are distributed at the discretion of the boss — and only from among a handful of ‘selected’ prosecutors — selected on the principle ‘our, verified, faithful party comrades.” The fact that the Attorney General and his branches (i.e. deputies) withheld information from the Minister became an occasion for him to Ask The SJC to initiate disciplinary proceedings against Ivan Geshev and his deputy. Plamena Tsvetanova (promoted personally by him to deputy chief after – in her role as a SJC cadre in 2019 – she voted for his election as Prosecutor General).

Non-random special prosecutors

Since very often we talk about the prosecution in an abstract dimension, or talk only and mainly about its Chief Cap Geshev, we find it necessary to correct this “imbalance”. In other words, we will tell you with names, numbers and details of what kind of prosecutors work in these specialized departments, how they got there and what “successes” and investigations are known for. First we will introduce you to the specialized department of the Sofia City Prosecutor’s Office – the so-called. 5th Dept.

We start with the more famous “prosecutorial collectives” – for example, teams of three prosecutors work on the investigations into the golden Borisov bullion, as well as on the “Eight Dwarfs“. In the case of the bullion, the prosecutors are Boryana Betsova, Vihra Pophristova and Ivaylo Petrov. The first thing that impresses is the flat Bayganyo’s trick of “hiding” the file number from the prosecution registry system so that it cannot be understood what (and whether it is working at all) – file 10019/2020 remains undetectable. BIRD
wrote
in detail about the practice of the prosecution to hide key files some time ago. In December 2020, while Borisov was still in power, the prosecutor’s trinity stopped the investigation on the insane grounds that they could not find the gold and bundles, so it was not known whether they were real. A year later, after the formation of the new regular government, this same trinity remembered that the serial numbers of the bullion and the “euras” visible in the pictures could be checked – something for which we and others called even then (but they #negoprieha). What the inspection showed – we never understood.

Petrov to enter (but without Ilf)

And as far as prosecutor Betsova has been notorious over the years – the failed case against Hristo Bisserov, the laundering of D. Peevski in 2013 and many others – the other two are not so famous. Prosecutor Ivaylo Petrov has been seconded by the SRS for years, and in addition to the bullion, he is also known for the fact that in January 2021 he wants and receives an increase in the banking and tax secrecy of BTV – at a time when BTV was becoming more critical of the already declining Borisov and Geshevshtina. What happened to this investigation is still unclear. And prosecutor Pophristova is also working on the “Eight Dwarfs” case, where nothing really happens for a year or a half. In contrast to this inaction, recently GDBOP questioned Petyo and Lyubena Evrovy, as well as Mladen Marinov. And here it is worth noting that the file for the “Eight Dwarfs” is also hidden – just look for file 10308/2020 and… You won’t find anything.

The second character who works on “The Dwarfs” is the famous Ivan Petrov. Petrov, of course, is also seconded by the below SRS. And he is famed because in his face we already come to the heavy artillery of the Sofia City Prosecutor’s Office – a man who works on a whole bunch of non-random files and investigations. For example, Petrov is the man who lifted the tax and bank secrecy of Interior Minister Boyko Rashkov in November last year, apparently on the basis of a publication in PIK – the prosecutor’s favorite source of a “legitimate reason for self-referral”. Apparently, the Sofia City Prosecutor’s Office is digging under a tree-and-stone to find something to use as a weapon against Minister Rashkov, who systematically and vociferously criticizes the prosecution for its criminal inaction or even sabotage in key investigations – for example, about Hemus.

Petrov is also heavily involved in the corporate battle for the seizure of Bulsatcom by the swindler Spas Rusev, in his role as a proxy of the owners of Vivacom United Group – which BIVOL
wrote
about in the context of #OpenLux. This he does by bringing scoundrelous charges against former senior telecom managers who resist Rusev’s attempts and raiding. It is not clear why the place of the case is in the Fifth Department. The case is described in detail
here
, and obviously Emil Petrov – Petyo Euro’s brother – is also involved in the game from SAP.

Last but not least – Petrov played a key role in crushing the investigation into TPP Dogan. But about this we will tell in detail below.

The third and last character working on “The Dwarfs” is Julian Lefterov – a former military investigator, successively seconded as a military prosecutor, and subsequently as a regular indictor in the Sofia City Prosecutor’s Office. Lefterov is famous for the fact that, together with Dimitar Frantisek,
he supported
in court the accusation against the publisher of “Frog News” Ognyan Stefanov – an accusation that has already been returned from court three times with devastating motives. What exactly – you can see
here
. This investigation (and it is from 2015) Lefterov dragged to this day, unable to drag him to court definitively. With a newer date, Lefterov is also the prosecutor who
crushed
the probe (Ip. Ip. 18172/2020) for police violence against journalist Dimitar Kenarov, who was brutally beaten during the Great People’s Uprising on September 2, 2020. Lefterov’s motives are that “it is virtually impossible for a policeman to exert violence during a protest, as there are many people filming in the square and there is no way such actions to remain anonymous.” Genius, isn’t it? The virtuoso prosecutor also refers to an email from the “concerned citizen Petrov” (and is it the citizen Nedyalko?), according to which Kenarov was violent and pulled. He’s not ashamed that he didn’t let himself be beaten unopposed. And as the pinnacle of ice cream, before Kenarov has the opportunity to appeal the insane lefter’s decree, SAP expressively demands it ex officio – and also excretively passes it. Go now, complain to the Armenian pop. Or personally to Geshev – as the highest prosecutorial “instance”. Separately, there is the question of what the hell the Sofia City Prosecutor’s Office deals with the journalist’s complaint – given that other identical complaints invariably go to the SRS. So why exactly the Sofia City Prosecutor’s Office, why exactly the Fifth Department, why exactly Lefterov. Questions, questions…

Sofia City Prosecutor’s Office loves Dogan – boundlessly and gratuitously

In the following lines we will focus on the saga with Dogan’s TPP – especially the supervising (or
voyeurizing
, according to Radoslav Bimbalov) prosecutors. Here the characters are three – Irena Gancheva, Albena Racheva and – again – Ivan Petrov. It all started when in November 2019 Czech Senator Lukasz Wagenknecht
approached
the Czech but also the Bulgarian prosecutor’s offices about “general economic crimes” committed by CEZ, Danail Papazov and Ahmed Dogan in the sale of TPP Varna and the exit of the CEZ group from Bulgaria. Although the plant was initially acquired by the straw MRF-man Danail Papazov, it was already known in the course of the negotiations that the real buyer was precisely Dogan – who formally sanctified himself as the owner soon after the sale ended. This puts the Sofia City Prosecutor’s Office in a “delicate” position, as they are forced to work on a signal against the ” sacred cow” and the holy of holies of the Bulgarian Prosecutor’s Office and services – the person Ahmed Demir Dogan. Therefore, the problem arises of how best to wash the person. Proc comes to the fore here. Irena Gancheva. For the legal competence — or rather functional illiteracy — of proc. The reader can judge from the fact that it was she who
initiated
pre-trial proceedings against the incumbent President Rosen Plevneliev in May 2014, at the signal of (of course) the person Barekov. However, initiating and conducting an investigation against a sitting president is a violation of the Constitution — which proc. Gancheva obviously hasn’t read. Tsatsarov did not take any disciplinary action against her – neither then nor later.

In August 2020, Proc. Gancheva ruled with a refusal to initiate pre-trial proceedings on the signal of the Czech senator, as in Her notable motifs We read, for example, the following: “In the course of the inspection, it was found that Lukasz Wagenknecht resided in Bulgaria and on 22.11.2019 left the country, which is an objective impossibility of holding a meeting with him.“Comfortable, isn’t it? And this despite the fact that the senator left all possible of his phones and emails for contact. But obviously Proc. Gancheva nor knows buckle English, nor does it really want to get first-hand information on the case. Don’t let Saken learn anything “embarrassing” about Dogan. Yok!

Senator Wagenknecht appealed this ruling to the SAP, where the appeal falls on… Emil Petrov, brother of Petyo the Euro. As unbelievable as it sounds, he
revokes
Gancheva’s refusal. Generally speaking, his motives are that Gancheva did her job through her fingers – and she was obliged to carry out a number of additional investigative actions, which, however, she did not do. And at this key moment, when the file goes back to the Sofia City Prosecutor’s Office, the stage comes out again Proc. Ivan Petrov – the right person for the right file. In July 2021, Petrov assigned an additional inspection to the State Agency for National Security (DANS), which was completed in just 2 months. So, on October 1, 2021, Petrov comes out with a new refusal. Unlike Gancheva’s refusal, which occupies 12 pages, Petrov’s refusal is… Only 4 pages. The investigation is conducted under art. 220 of the Penal Code (deliberate conclusion of an unprofitable deal), and DANS has not bothered to give an opinion on the presence / non-existence of a crime. It remains unclear what/how they checked by the DANS. As far as proc. Petrov in general sets out his own motives for the refusal, they are that there is no way a collective body (the board of directors of CEZ) to commit a crime. “There should be no comment on the possibility of a guilty act.” Comfortable, isn’t it? And so the case was closed – for the second and probably the last time. Separately there is the question of what – and for whom – DANS works, even under its new leadership. In this regard, we recall the
following
“photo op”.

But maybe there’s a way out. In view of the new ruling coalition’s requests for judicial review of prosecutorial refusals, the Czech senator would have a promising new opportunity. To wait a month or two (for example) and not to deal with the Appellate Prosecutor’s Office at all. Then, after the adoption of the necessary legal amendments, to appeal this refusal directly to the Sofia City Court. There is no guarantee of success, but it is certainly better than the appeal within a vertical-hierarchical, barracks-hermetic structure along the axis SOFIA CITY PROSECUTOR’S OFFICE – SAP – SCP.

For dessert, we will also introduce you to the work on the case of Proc. Albena Racheva. It ruled on a
signal
of “Yes Bulgaria” about unauthorized state aid to Dogan, as far as the quay wall of the port of the TPP (which is public state property) was granted to him for free use. Of course, Racheva decrees a refusal (surprise!), forming motives of a total of 2(!) pages. Proc. Racheva is also not accidental, of course.. It is she who is the prosecutor who in a courtroom defends some of Geshev’s famous agreements with VAT fraudsters. It is a separate question why the Geshev himself does not plead in the hall, apparently he is ashamed to look the court in the eyes. To the unpleasant surprise of Geshev and Racheva, however, according to the Sofia City Prosecutor’s Office file 69/2011 , the court refused to approve the agreement on the grounds that the damage to the budget had not been restored. And this is not an isolated case. Thus, Racheva was forced to write an indictment and bring it to court. Who gives it back as unfit. After he “improves” it and resubmits it, the case begins. To this day, more cycles, already 6 years in the first instance. Meanwhile, the NRA
writes
off billions of VAT uncollectables related to precisely such VAT frauds and the prosecutorial agreements that “launder” them (read umbrellas).

Specs gave god and in SRP

Finally, we will introduce you to some of the “specialists” in the Sofia Regional Prosecutor’s Office. Unlike their brothers and sisters from the Sofia City Prosecutor’s Office, they are not so famous (so far). For example, prosecutor Ivan Ivanov (we do not make a pun)
is investigating
one of the cases of police violence from July 10, 2020 – and for one of the young people beaten in the “backroom” in front of the Council of Ministers. Proc. Ivan is a former police officer from the 4th Precinct (Geshev was from the 5th). In his refusal to initiate pre-trial proceedings proc. Ivan writes that the kicking of the young man “by an employee of the Ministry of Interior represents an action humiliating his honor and dignity“, which, according to Proc. Ivan is only a “publicly inflicted insult“. Do you understand?! And the “insult” is pursued in private order, i.e. go do it yourself to judge the policeman. And even if you convict him, in private criminal cases usually the penalty is an average of BGN 1,000. A proc. Ivan refused to analyze the video recordings available from that ill-fated July 10 – recordings subsequently seen from all over Bulgaria. Plus refuses to do a bunch of more things that it was right to do as a prosecutor. Which is expected – how a former police officer will lead a lawsuit against… Other police officers? Colleagues, so to speak.

But proc. Ivan is also conducting a far more crucial investigation – the only pre-trial proceedings related to these beatings, in which Andon Andonov and three of his subordinates were accused (the same Andonov who was then
sheltered at Geshev’s
Bureau, personally by Geshev). The investigation into file 47834/2020 of the SRS has been dragging on for a year or a half, with no prospect of going to court anytime soon. Unlike the cases against protesting citizens for “hooliganism”, which were rushed into a courtroom. And this investigation is dragging on despite the involvement of investigators from the Sofia City Prosecutor’s Office. More significant in this case, however, is that proc. Ivan took over this investigation from Veronika Trifonova after her election (by Geshev and his SJC) as European Delegated Prosecutor. Trifonova herself was unfortunately famous for her
refusal
to press charges against other police officers-bully. Former secretary of Boris “Bratinyo” Velchev in his mandate as Prosecutor General, Trifonova is also known for her
refusal
to investigate the role of Chief Judicial Inspector Teodora Tochkova in sweeping away the #TZUMgate scandal and especially the role of Sotir Tsatsarov in it. A scandal that eventually overtook Tsatsarov and cost him revocation of access to classified information recently. And whether in the structure of the European Public Prosecutor’s Office is embedded a “submarine” in the face of proc. Trifonova, we’ll find out very soon…

In addition to Ivanov and Trifonova, the special department of the SRS also works Proc. Ivo Boev, who to date investigates
the threats
against journalist Atanas Chobanov. Unfortunately, Boev is also
known for refusing
to investigate police violence during the Great People’s Uprising of September 2, 2020. This is the short path to his career
growth
. According to the injured young man himself, “Prosecutor Ivo Boev claims that he has not found any violence and that I have shown great resistance and that is why these “tricks” were used, which, by the way, may be suitable for terrorists.” This, of course, fits perfectly with the pre-trial proceedings for high treason and armed rebellion, led by prosecutors Ivan Parvanov and Nikolay Popov from the Specialized Prosecutor’s Office (e.g. Ip. 1425/2020) and irrigation promoted by the SP and Geshev as an example of PRB’s successes. On the contrary – we would say – this is the strongest reason and reason for the SP to be closed, and the prosecutors in question – sent to Elhovo and Malko Tarnovo (for starters). To classify peacefully protesting citizens as coup plotters and terrorists and insolence, obscurantism and fascism of the highest order!

Ivo Boev is also known for his active interference – read with the buttons forward – in trade turnover and in purely commercial private legal disputes. According to a publication in “Capital” proc. Boev dares to
blame
a trader who does not fulfill his contract with another trader. In other words, ‘failure to perform a commercial contract or to terminate it under a procedure which, according to the Public Prosecutor’s Office, should have been applied constitutes the offence of self-administration (a person who, voluntarily, not by the established by the law, implements one of his own or someone else’s real or alleged right contested by another, shall be punished in not insignificant cases by deprivation of liberty for up to five years and a fine of up to BGN 1,000.).” Subsequently, the court “it bones” this creative impulse of Boev – but despite this, the pre-trial proceedings, the accusations, cycles to this day (for 2 years now). Unfortunately, such interference of the PRB in private law disputes is common practice and obviously will not cease before legal amendments are adopted. Which is expected to happen soon.

THE WAY FORWARD

In conclusion, we can point out a few things. First, t.r. specialized departments in the Sofia City Prosecutor’s Office and the SRS turn out to be hotbeds of vicious practices and misinterpretation of the law – especially when they are equipped mainly with seconded (meaning dependent) and obedient prosecutors. Secondly, the distribution of files in the PRB is far from accidental, but rather rigged – which is an indisputable prerequisite for corruption and a predetermined outcome on important cases for society. In other words, the “right” prosecutors pronounce the “right” acts on the “right” files. Third, the “right” decisions are a guarantee for express career growth, without competitions, only with posting. The most striking example of this is, for example,
František
from “The Eight Dwarfs”, but he is far from the only one.

After all, now everything is in the hands of the legislator – it is up to him the prosecution to be removed from the framework of the “Vyshinsky model” and really to work in the benefit and interest of society – and not in favor of Dogan, Peevski, the roads, the latifundists and, generally speaking, the drawers and lockers. Key in this regard will be the legal amendments regulating external (mostly judicial) control over refusals to investigate – as well as over other forms of inaction by the (allegedly) state prosecution. The government’s request is these legislative amendments to enter the National Assembly within a few days and weeks, and we will carefully monitor their movement through committees and plenary.

Against the backdrop of these statements of the government, there is another undoubtedly good news – the continuity over the past 9 months between the Ministers of Justice Stoilov, Demerdzhiev and Yordanova. Obviously, the priorities of this most important for judicial reform ministry have not changed due to the frequent change of ministers – on the contrary. Each successive minister builds on and further develops the initiatives and work towards reform and rule of law. As well as in the direction of Geshev’s removal – as here it is enough to mention the signals on #
JosiGate
and #
Untouchables
. Although, according to Minister Yordanova, there are other signals and they are already dozens. Obviously, Geshev’s historical time is running out. As well as the time of those prosecutors who are accustomed to working on Geshevski, Tsatsarovski, Filchevski. And when Geshev finally expels from his post – which will be soon – then every prosecutor (whether specialized or not) will have to think about how and what he has worked so far. And for whose benefit? Because the reform of the prosecution does not end with Geshev – it only begins with him.

***

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