For some time, court panels of the Sofia City Court from the civil division began to issue a series of, to put it mildly, strange and perplexing decisions. BIRD collected and analyzed several such solutions. From them we can conclude that they are ruled by a small number of judges, all of whom are newly in the SCC. And All posted.
Today we will tell you about these “valuable footage”, thus continuing the tradition of investigations concerning non-accidental judges – as we did recently with Judge Eva Pelova and her tight support for the illegal
of the Wolf near the Iskar dam.
Be careful what you write, because you feel bad about writing.
We will try to present things in chronological order. First in this inglorious ranking is Judge Daniela Popova, Seconded by the Sofia District Court. A few days before the New Year, on 21.12.2021, it issued a decision that can be defined as insane, scuddly and malicious. Judge Popova condemns the site Mediapool and forensic journalist Boris Mitov to pay BGN 67,000 on… Judge Svetlin Mihaylov, the unsuccessful candidate head of the Sofia City Court. At the risk of Mihaylov judging us, we will reproduce the title on the report
for which they are suing colleague Mitov: “The city court asked for an unblemished judge, not a scandalous millionaire, as its boss. The SJC is on the move..”
In general, Popova awards this huge sum for true facts, circumstances and statements, the recall, however, irritates and irritates Mihaylov. Its decision is in direct contradiction with the definition of the SCC, which has already ruled on an intermediate phase of the case. We will also emphasize that Popova condemns the journalist for a phrase uttered at a meeting of the SJC by Konstanin Penchev, namely: ‘if his first term of office (of Mihaylov as head of the Sofia City Court – note. row.) was a failure, the second would be a disaster for the judiciary.” It is interesting then why Mihaylov did not file a lawsuit against the author of this famous phrase himself, who is currently a judge in the CC?!?
The problems with Popova, however, are far from limited to the fact that she was seconded by the District Court. In July 2021, Popova was elected chairman of the Bulgarian Judges Association (BAS), which is also known as the “black counter” of the UBB, the largest and most prestigious professional judging organization.
The trouble is that the founder and member of BSA is the same Svetlin Mihaylov – i.e. there were all grounds for Popova’s recusal.
However, there was no recusal – not only that, but very soon after her posting to the Sofia City Court, the case was “given” to Popova, with the previous rapporteur on the case (Judge Martinova) being quietly replaced. Reference of BIRD in the Random Case Allocation System (CSSRD) did not find a protocol for redistribution of Popova’s case. Therefore, the only option for this to happen is with a personal resolution (and not even an order) of The head of the court, Alexei Trifonov, is the head of the court.
Totop it all off, according to our information, Mihaylov’s lawyer has dared to boast about “our connections
“, so “you will see
“ — off the record, of course. Well, we saw, there is nothing.
In this shameful SLAPP case /case for edification and silencing of journalists/, which is also reported to the European Commission, the Sofia Court of Appeal also scored. On 29.11.2022 the decision of a panel chaired Elizabeth Petrova and members Katerina Racheva and Maria Raikinska. It upheld the decision of the first instance court, but drastically reduced the amount of non-pecuniary damage claimed by Judge Svetlin Mihaylov – from BGN 60,000 to BGN 4,000.
From this decision we learn that the SAS finds only one thing from the articles offensive and that is “that Mihaylov was close to the MRF”. It is unclear how proximity to a political party that is represented in parliament can be offensive, but apparently information about the toxic international reputation of some of its MPs has also reached the jury.
The decision of the SAS is not final and will most likely be appealed to the Supreme Court of Cassation, and if necessary to the European Court of Human Rights. Meanwhile, European legislation against SLAPP cases is also being prepared, suggesting that Bulgarian judges will be literate and will cease to shine like garlands in journalistic publications because of such archaic decisions.
PIK, Nidyalku and his Zvezdomira
Next in time and order is Judge Bilyana Slavcheva, also
of the SRS. We can thank her for a decision that remarkably protects, validates and justifies Non-Corruption in the Bulgarian Media Space. In other words, Slop, Vulgarity and Pornography. It is no coincidence that we used the last word – because the subject of the case is precisely the publication of pornographic photos (obtained unknown how and from where) in order to compromise the candidate for mayor of the DB in 2019. As the attack was especially heinous precisely because he was directed against the applicant’s fiancée – apparently Nidyalku himself had not been able to dig up anything from his bottomless cesspool.
Either way, in Slavcheva’s decision we read remarkable conclusions. For example, we read that the woman herself is to blame for the media “attention” because her fiancé had run for mayor of Sofia. Translation – people who dare to participate in political life should be ready to pour over their families (not just themselves) any slop and dirt. Because freedom of speech, i.e. of non-division, was above all. We also read that “the photos are perceived as a manifestation of open-mindedness, free thinking, as a statement of the chosen sexuality by the person.” That is, PIK, in the form of a compliment, should publish other similar photos for other participants in political life to see how liberated people and they are. But that never happened, did it? Shall we say about someone from GERB, or – at the risk of disgusting our readers – about someone from DPS?! Sakan, God forbid.
As we wrote above, in this case we also find no protocol in the CSSRD. It remains a mystery how exactly this case was assigned to this particular judge, on what grounds and for what the devil. By order of Trifonov, it is seen – there is no other explanation.
However, this is not all. Defendants in the case, won so far by PIK, are the Nidyalku thing itself plus its editor-in-chief (whichever means that) Zvezdomira Mastagarkova. The strange thing is that the Nedyalkova “Zvezda” is hiding from the summoners and can not be found. From the papers in the case, however, we understand that for some time it no longer works in PIK. Was she fired, or is it something else, it is not clear. Either way, the media sky will miss the face so often photographed with Siika Mileva, Ivan Geshev and Sotir Tsatsarov – and received awards and certificates of gratitude from them. It was because of this hiding that Judge Slavcheva delayed the case for a long time before bringing it to the upper court. However, it does not impose a fine on the Zvezdomir. due to abuse of procedural rights. To date, the trial is finally already in the SAS, where it is scheduled for February next year. Let’s see.
The judge who loves the Prosecutor’s Office – and GERB
Champion in insane decisions, however, is undoubtedly judge
. The peculiar thing about her is that, unlike her two colleagues above, she is Seconded All the way from… Varna District Court. Is the footage from the Sofia appellate region that resources should be drawn from the Varna region at all?! Go find out. If so, this speaks of a severe personnel crisis in the largest judicial appellate region in the country.
Our analysis showed that Judge Hristova has produced (so far) not one, but two “unique” solutions. First of all, she He terminated
the Banev family’s case against the “six caps” (not to be confused with the “Eight Dwarfs”) by stipulating that the Main Cap and his deputies could do, speak and write whatever they wanted, wherever and whenever they wanted – because they had immunity.
In this case, we are talking about the letter
from the beginning of the year, signed and sent by the six caps to nearly 70 addressees in the country and abroad (with the exception of the Armenian priest).). So in this bloody letter Geshevtsi not only ploughed the ortalak and generally accused the executive and legislative authorities (except GERB and MRF) of all earthly sins, also declared Banev criminals who robbed Bulgaria. This became bThere should be a pro-trial verdict, even in the first instance.
But according to Judge Hristova, the caps can write whatever letters they want, to whom they want, to slander as well as whomever they want, without even seeking civil and property liability. In the same letter was slandered the lawyer-protester Mincho Spasov, who filed a separate lawsuit against the six helmets, plus he leads lonely but stubborn crusade against Geshev’s fake militia diploma. Apropos, strong shoulder of the cap-diploma last
Joro 2.0, sorry YOU, let’s say.
The second unique decision of Judge Hristova is in favor of GERB, in particular in favor of Nikolay Nankov. The Gerber MP and former Minister of Road Robbery, Pardon Construction, filed a lawsuit against caretaker government spokesman Anton Kutev for damages. You see, Kutev dared to criticize Nankov for the 12 years of theft, destruction and abuse in road construction under the serene shine of the Bankyan Sun.
Judge Hristova’s decision is remarkable not only in that she awards BGN 56,000 to Nankov, but also most of all with the fact that the judge boldly and cheerfully crosses the boundaries of legal analysis and wades into the depths of political and moral assessments.. For example, we read that Kutev’s statements were “An expression of the anarchist intentions that the court correctly writes “The Court” – note 10. ed.) Not only does he not tolerate, but he perceives it as political primitivism.”
We also read that Nankov’s “impeccable image” and “reputation” were violated – without making it clear on what basis the court concluded that Nankov had an image and reputation. However, 5 pre-trial proceedings only for the Hemus highway, when Nankov was the minister of the Ministry of Regional Development and Public Works, are rather an indication not of impeccable reputation, but of business trip to Bai Stavri. But obviously Judge of Christ He has a weakness for GERB. It is equally obvious that A brilliant career awaits her. based on this decision. Moreover, if her future decisions are with a similar bias and in a similar direction.
Special, manual distribution
Unlike her two colleagues above, in the case of Judge Hristova we find protocols in the CSSRD. And here it becomes even more interesting, because both protocols are dated 12.04.2022, on “manual allocation“. After digging deeper, it turned out that in the period April 10-12 this year, dozens of cases were manually redistributed to Judge Hristova. However, it is not clear why, nor on what principle, the cases to be “transferred” to it were selected. Obviously, he only knows that. The citizen TrifonovOnly he’s silent. He has been silent for four years. Just like Joro from YOU.
Otherwise, the property declaration
of Judge Hristova is relatively lean and standard… with one exception. Outside BGN 24,000 (originating salary) held in Bulgarian banks, the judge also declared savings of EUR 123,000 held in… Banks abroad. I wonder why – after all, a person can safely keep accounts in Bulgaria as well. Food for thought, we would say. Separately, we also see that the judge sold his apartment in Varna. Apparently The trip to Sofia is expected to be long-term Or so it is promised. We may be wrong, but that’s our reasonable assumption.
And last but not least, Christova also hears the case (again through redistribution) in which Assen Vassilev sues Toshko Yordanov for libel. The trial was scheduled, after which the scheduling mysteriously disappeared from the court’s website. What’s going on there… We can only guess. But in view of the proximity between ITN and GERB (and DPS), we can make a reasonable assumption in whose favor this case will be resolved. Let’s see!
The Bulgarian Court and the Soviet President
The common element in all these redistributions of cases is one – the head of the SCC, stateless Alexei Trifonov. A stateless person – because, according to Professor Yanaki Stoilov, he did not have a valid Bulgarian citizenship, but had only Soviet citizenship. But because The USSR did not exist for a long time (sorry, Kopeikin), and there is no such thing anymore.
At the same time, the SJC, against the backdrop of Georgi Cholakov’s active advocacy, refused to remove him as head of the SCC. Until recently at the Ministry of Justice There was another proceeding against Trifonov, which, however, to date it is not clear what stage it is at. Perhaps Minister Zarkov already has other priorities. According to information from BIRD, and according to
by Valya Ahchieva, a serious umbrella over Trifonov Both Deputy Minister Maria Pavlova (former and future investigator) and the longtime head of the Legal Activities Directorate, plus people in the Interaction with the Judiciary Directorate, are stretched. Obviously, the proximity of Judge Trifonov to the MRF guarantees closure of the procedure not only in the SJC, but also in the Ministry of Justice.
However, the question remains pending with terrible force, what legal validity and legal force these orders, resolutions, etc., of Trifonov, which are used (according to Georgi Cholakov) the formations in the Sofia City Court, remain. Some non-random cases turn out to be seconded judges, after which they are resolved in the right way. The question remains whether these actions of a court president are legitimate when they are committed by a person without Bulgarian citizenship?!
Questions, questions, questions. The answers had so far to come from the MRDPW through their ward ESGRAON (but they are silent), as well as from the new caretaker minister of justice (however, he is also silent). Of course, answers could have come from the Casquetura, which allegedly went to investigate the composition of a crime, something like declaring false circumstances by officials in USCRASP, in order to Trifonov’s fake legitimation as a Bulgarian citizen. But in the Bulgarian prosecutor’s office every miracle is for three days, and this even seemed to be for two – because case 19022/21 was quickly and quietly terminated. What they checked and what the caps found, a devil knows.
In fact, he knows not only the Devil, but also the Main Cap. But it keeps quiet… as always. And most importantly, Dogan likes it.
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
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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.
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This post is also available in: Български (Bulgarian)