The Court: The former head of the Specialized Prosecutor’s Office lied about the wiretaps in 2020

Valentina Madzharova, former administrative head of the Specialized Prosecutor’s Office, has not complied with the principle of truthfulness enshrined in Article 7, paragraph 1 of the APC.

in his claims before the Administrative Court. Speaking in a popular language, it is She lied to the court about the mass wiretapping of protesters in 2021, according to a decision of the Sofia City Administrative Court in a case filed by Maya Manolova. After the wiretapping was exposed in an investigation of the BIRD.BG, a special commission was convened in the National Assembly, which established shocking facts about the scale of the operation, which mobilized the Ministry of Interior and the State Agency for National Security to prove the thesis that the peaceful civil protests against the rule of Boyko Borisov and Prosecutor General Ivan Geshev were part of a coup d’état plan organized by Vasil Bozhkov – the Skull. BIRD also maintains a search engine in which every citizen can check whether his personal identification number is present in the reports for monitoring politicians, journalists and civil activists. Last week, the Prosecutor’s Office once again splashed out the basin by distributing “shocking” and “touching” audio recordings projected on a large screen in the building of the National Criminal Court, with gloomy and tragic faces shining in the background To the Chief Ivan, the Spokeswoman Siika, the Militiaman Bobby and the one I forgot-him-name from the police. There was also a character from the Sofia City Prosecutor’s Office, who probably spoke to journalists for the first time in her life – or rather read from a written piece of paper. Either way, a volcano subsequently erupted from reactions and interpretations of this Prosecutor’s Vodeville. Today we do not aim to summarize or retell them, but an interesting theory stands out – that the press conference is intended to divert attention from the irrefutable fact announced

by ACF that at least some of the 500-euro banknotes in the Borisov drawer are real. Against the backdrop of the deafening prosecutorial silence on the subject, apparently the smart heads in the Saraya (i.e. the Center) have decided, in order to cover it up, to arrange an audio show on a completely different topic.However, this, how to say, cheap pornographic scene inevitably reminded us of the summer of 2020, when the prosecutor’s office again disseminated audio recordings with the participation of known and unknown villains (and journalists, of course), which it solemnly described as preparation for a coup d’état and an armed uprising. Moreover, he proudly announced that the recordings are part of an investigation into the Chapter One of the NC. We do not know whether the recently projected recordings will also “enter” under Chapter One, but we do know otherwise. Last week (14.03.2023) the Bulgarian court had reason to accuse the prosecution of a lie in terms of wiretapping in 2020. That’s what we’re going to tell you about today.

APIA as a ray of light in the prosecutor’s darkness

To date, there is almost no one left, especially in the political spectrum, who still keeps the fire on the scandalous mass wiretaps in 2020.. During the peaceful protests of the summer and autumn of this politically hot year, prosecutors Ivan Parvanov and Nikolay Popov They ordered the eavesdropping of over a thousand protesting citizens. The investigation under which these SSDs were exploited may still be active to this day. And no one knows what’s happening on it. However, there is still at least one public figure who does not surrender on the subject — and that is Maya Manolova. She is the one who He filed a series of lawsuits. under the Access to Public Information Act (APIA), trying to extract at least some information from the responsible institutions about these eavesdroppings. Today we will pay special attention to the cases against the Specialized Prosecutor’s Office (and its successor Sofia City Prosecutor’s Office). However, it is immediately noticeable that the SP has clearly adopted the approach of its Chief and Master “I love being crazy.“. And this is so insofar as two cases need to be conducted for the same information – i.e. the JV is suspending the enforcement of the judgment.

The first case was lost by the SP back in April 2022. Then the 39th Chamber of the ACSC Provides, that the prosecutor’s arguments not to provide the information are untenable. Generally speaking, the court says that the arguments of Valentina Madzharova (the head of the SP) are a hodge-gyuvech, in which norms of APIA, of the APIA and of the CIPA have been mixed up disorderly. Obviously, administrative law is not the power of Madzharova. And so we come to the second case, where it already becomes quite interesting. What actually happens – Madzharova decrees a second refusal claiming that everything requested by Manolova is classified information. But what is actually wanted, let’s see:

1. A list of persons who actively participated in the anti-government protests in 2020 who were subjected to special intelligence means;
2. List of persons to whom SSDs have been applied in an investigation for violation of art. 95 CC, in the period 09.07.2020 – 11.07.2021;
3. List of persons to whom SSDs have been unlawfully applied in the period 09.07.2020 – 11.07.2021;
4. To which of the above persons SSDs were applied in the period 09.07.2020 – 11.07.2021 and on what grounds;
5. Have SSDs been applied to the applicant in the period 09.07.2020 – 11.07.2021 and on what grounds?

What’s classified here, damn it. That is, only Madzharova knows, and also Geshev. Either way, the court catches the head of the SP in a lie – and this is clearly stated in the motives

the judgment of the 24th Chamber of the ACSC. From the decision we understand that the earliest document classified “Confidential” was created on 17.07.2020, and the latest is on 24.03.2021. It follows by law that the last term of protection expired on 23.03.2022. And now attention, Madzharova’s refusal to provide information is dated 26.05.2022, i.e. by that date nothing has been classified anymore – and the statement of the head of the SP that it still is, represents BRAZEN and unequivocal LIE. A lie that can only shine in court – if a person undertakes to prosecute. Thankfully, at least in this case. We will quote directly the judge in the case in the ACSC: there is “
non-observance of the principle of truthfulness enshrined in Article 7, paragraph 1 of the APC
. Translated into undiplomatic language – Madzharova lies. As a reward for faithful service in favor geshevu, as of the date of the court decision (14.03.2023) Madzharova has long been promoted “laterally” as head of the Appellate Prosecutor’s Office Burgas. It’s nice.

More tricks and pokes

Seeing in the course of the case and the court quest that the lie will not catch dikish, the head of the SP resorted to a new trick: the information is not subject to disclosure because it was part of pre-trial proceedings. The Court, however, is neither naive nor legally illiterate. See for yourself: “It is inadmissible for an administrative act to be motivated after its pronouncement, especially in the course of judicial review. In the case, only allegations of pre-trial proceedings have been presented, but no evidence of it has been presented, not even its number has been indicated, nor at what stage it is (pending, terminated)“From this we can only conclude that there is a second lie – in the sense that the pre-trial is actually terminated and therefore the Sofia City Prosecutor’s Office does not want to indicate his number, because then the termination will become obvious to everyone. And so it can be unequivocally said that it is still pending. And if this is really a second lie, then it can not be detected. In a previous protocol order, the court actually requested the file number on the Sofia City Prosecutor’s File, but – as evidenced by the final court decision – the Sofia City Prosecutor’s Office refused to provide it. Conclusion: the pre-trial is terminated, but this must be To remain in a deep secret. Otherwise, all eavesdropped citizens will be able to take Cases for damages against the government. But if they don’t know anything, they won’t be able to file their lawsuits. It’s simple, just like Bankyan’s.

The Prosecutor’s Office as a Repeat Liar

However, this is far from the first time that the SP and Madzharova have lied. Obviously, it won’t be the last. During
visit
to BNT in the summer of 2021, she denied that there were wiretapped journalists. Expired by the Parliamentary Committee list, however, clearly showed and proved that this is another prosecutor’s lie – as many journalists were included there, including Dimitar Stoyanov from BIRD.During her only press conference 2 years ago, someone still dared to ask Madzharova why they had wiretapped political leaders. Then she said “
There is no such thing, we have not listened to any political leader
.” The questioner showed her
a printout.
from the wiretapping request of Nastimir Ananiev, leader of the Volt party. Madzharova visibly turned green, then reddened, then thought for a long time and finally said: “I will not break the law and comment on pending pre-trial proceedings“. Judge for yourself, Is greater insolence and insolence possible?. In fact, it’s possible – we made sure a few days ago by watching that conference, sorry, press conference with printed notes and audio recordings. And for dessert, let’s mention – These audio recordings are illegal.because they were not properly collected. But we will write about this in more detail another time, as we have information on how exactly the recordings were made. Lead photo (from left to right): Valentina Madzharova and Ivan Geshev | Source: Mediapool

***

Разследващата журналистика е разузнаването на гражданите. BIRD се финансира от дарения. Ние не публикуваме реклами. Не получаваме държавни субсидии. Не разчитаме на грантове. Финансирането чрез малки дарения от читатели е гаранция за нашата независимост. Включете се, за да продължим да разкриваме злоупотреби и да държим отговорни властимащите. Използваме Вашите пари за хонорари на журналистите, командировки, изграждане и поддръжка на нашите информационни системи, такси за фирмени и имотни регистри у нас и по света, придобиване на техника и специално оборудване, осигуряване на нашата безопасност и други важни работни мисии. Важно: Ако дарявате всеки месец това ще ни даде възможност да планираме и организираме нашата работа. Благодарим Ви! Нас ни има, защото Вас Ви има!

This post is also available in: Български (Bulgarian)