site.bta Armed Forces Given Police Powers during Counterterrorism Operations

Armed Forces Given Police Powers during Counterterrorism Operations

Sofia, July 28 (BTA) - The Armed Forces will have police powers when they participate in counterterrorism operations under a new counterterrorism bill proposed by the government and supported by Parliament on principle on Thursday. The bill also allows curtailing some civil rights and liberties when there is a concrete terrorist threat.

The provisions were supported on 133-5 votes with 14 abstaining.

While they participate in efforts to prevent terrorism and deal with the consequences of a terrorist act, service persons may check personal belongings and IDs, search, detain individuals, and use physical force and arms when this is absolutely necessary.

Preventive measures will be ordered by the Chairman of the State Agency for National Security or the Chief Secretary of the Interior Ministry. Such measures may be effective for up to six months. Any coercive administrative measures taken during this period shall be subject to immediate enforcement but may be appealed before the Supreme Administrative Court.

Companies providing public electronic networks and/or services shall be required to allow immediate access to the traffic data when this is requested by the competent security service leader.

Operators may not register more than 10 prepaid phone numbers for one cell phone user.

The level of terror alert and the readiness for action of the government departments, regional and municipal administrations shall be determined by an order of the Interior Minister.

The bill says that the funding for counterterrorism, specific operations or emergencies shall be provided for by the national budget bill or a government act on a proposal of the competent first-tier spending unit.

A state of emergency may be declared in the event of a terrorist act which causes death or hurts many, results in major material damage or detriment to the economy. People affected by such a terrorist act shall be entitled to compensation.

The bill requires of the government to adopt a national counterterrorism plan.

Interior Minister Roumyana Buchvarova explained that the bill spells revisions to the legislation on special surveillance means and the admissible surveillance period is extended when it is necessary for preventing a terrorist act and migration.

Buchvarova believes that the proposed bill balances well the special measures and civil rights and liberties.

Atanas Atanassov (Reformist Bloc) argued that it is dangerous to give the Interior Minister exclusive discretion to declare a state of emergency in the form of a counterterror operation. "The Constitution gives such powers to Parliament and the President," he explained.

Criticizing further the bill, Atanassov said that the State Agency for National Security is an analytical structure and now it is given police functions.

The Movement for Rights and Freedoms (MRF) expressed fears for possible violation of the rights of Bulgarian citizens but expressed overall support for the bill.

Dimiter Dubov of the Bulgarian Socialist Party said his fellow group members decision to abstain was on account of the lacking definition for "terrorism". He also said that the bill tends to favoritize the Interior Ministry and belittle the other counterterrorism structures.

The Socialists want a bigger budget for the State Agency for National Security and the other special services.

Patriotic Front co-leader Krassimir Karakachanov said that a new law and revisions in several old ones will not solve the problem. Responding to the criticism against the new bill for giving excessive powers to the law-enforcers, he said he "prefers to see reports of trials against officers who have overstepped their powers than of people being buried after a terrorist attack".

Miho Mihov of ABV said that responsibilities and obligations by the Interior Ministry Act get transferred to the Armed Forces, which are alien to it, and this needs to be carefully considered.