Opinion on the New Amendments to the Judicial System Act

The Anti-Corruption Fund Foundation (ACF) welcomes yesterday’s decision of the National Assembly to put a de facto stop to the compromised procedure for the election of a new prosecutor general.

As ACF has repeatedly stated, the Supreme Judicial Council (SJC) lacks legitimacy and should not oversee the election of the new leaders of the public prosecution and the judiciary. Besides its expired mandate, the SJC has faced numerous well-deserved criticisms of its work. Examples include the procedures to elect and then dismiss former prosecutor general Ivan Geshev as well as the decision to appoint the acting prosecutor general Borislav Sarafov.

Following yesterday’s adoption of the amendments to the Judicial System Act, today, the Plenary of the SJC postponed the procedure with a single candidate – Mr. Sarafov – which had the objective of legitimizing a pre-determined decision resulting from backroom dealing.

The adopted texts mean that, since the changes are not retroactive, Mr. Sarafov, who has served as acting Prosecutor General for nearly 18 months, will likely remain in this post for an additional six months. The same applies to the Chairperson of the Supreme Administrative Court Georgi Cholakov whose mandate has also expired and who was appointed acting chairperson in contravention of a decision of the Constitutional Court from 2004.

The MPs did not summon the will to adopt additional texts strengthening the independence of the judicial system. This includes proposals for a so-called double majority when electing the presidents of the Supreme Administrative Court and the Supreme Court of Cassation and for a larger majority for electing members of the Supreme Judicial Council following a presidential veto. The prohibition for the top three officials within the judiciary to continue to serve following the expiration of their mandates also failed to gather support.

A priority for the National Assembly for the near future should be the appointment of new members of the Supreme Judicial Council. These individuals should be respected professionals of high integrity. According to the Bulgarian constitution, the election of the new prosecutor general should be carried out by individuals with high professional qualifications who are fair, independent, and able to meet society’s expectations of reform of the public prosecution and the criminal justice system.

Since 2020, the ACF has revealed many facts that point to links between Mr. Sarafov and the networks for illegitimate influence over the justice system, led by Petyo Petrov “The Euro” and Martin Bojanov “The Notary” and exposed by ACF’s investigations The Eight Dwarfs and List of Quick Control. These facts are the reason why Mr. Sarafov, who remains in charge of the public prosecution, owes the public answers to several important questions:

1. In July 2023, Mr. Sarafov stated before the SJC that The Eight Dwarfs represented grave and arrogant abuse of the Specialized Prosecutor’s Office carried out to exact revenge. He further stated that a thorough investigation of the case would be the key to bringing order back to the work of the public prosecution, pledging to do his best to uncover the truth and ensure that all involved individuals face legal consequences. To date, Mr. Sarafov has not delivered on these promises. The investigation has stalled and he does not even refer to it anymore. Mr. Petrov’s whereabouts are unknown, and no effort is made to establish his whereabouts.
2. Mr. Sarafov is yet to explain the photograph showing him and Petyo Petrov “The Euro” shaking hands warmly. Furthermore, in an interview with the Bulgarian daily 24 Chasa, Special Prosecutor Taleva stated that several witnesses had testified that Mr. Sarafov was a frequent visitor of The Eight Dwarfs restaurant where he used to meet with Mr. Petrov.
3. In March 2024, ACF published excerpts from the testimony of the head of the Sofia City Prosecutor’s Office, Iliana Kirilova who had been interrogated in the course of the investigation against Mr. Petrov. In her testimony, Ms. Kirilova speaks of a close family and collegial relationship with the suspect. In addition, in photos which resurfaced in 2023, the head of the Appellate Prosecutor’s Office – Sofia, Emilia Rusinova, is pictured in front of The Eight Dwarfs restaurant. What is Mr. Sarafov’s comment on the fact that the most important prosecution offices in the country – the Sofia City Prosecutor’s Office and the Appellate Prosecutor’s Office – Sofia – are led by prosecutors who are close to Petyo Petrov “The Euro”?
4. Does Mr. Sarafov possess evidence of magistrates, politicians and journalists who have been bribed? If yes, what steps has he taken to investigate such individuals?
5. In 2023, following his conflict with the then-prosecutor general Ivan Geshev, Mr. Sarafov stated that employees of the public relations department of the Prosecutor’s Office sent to various media outlets tip-offs that falsely accused certain individuals of criminal acts. These tip-offs were then used to initiate pre-trial proceedings investigating the implicated individuals. Has Mr. Sarafov held the public relations officers accountable since assuming the leadership position within the prosecution?
6. What is Mr. Sarafov’s explanation for the large number of newly appointed deputy heads of the Sofia City Prosecutor’s Office and the Appellate Prosecutor’s Office – Sofia? What criteria were used to make these appointments? Is there a reason why no one was promoted from within those two prosecution offices with the new appointments coming from regional prosecution offices and branches of the investigative service?