site.btaNew Counter-Corruption Body Allowed to Use Special Surveillance Means, Conduct Investigations

Sofia, December 20 (BTA) - Parliament Wednesday adopted on second reading the Counter-Corruption and Unlawfully Acquired Asset Forfeiture Bill. Its provisions establish a single counter-corruption body - a Counter-Corruption and Unlawfully Acquired Assets Forfeiture Commission - that will control the persons at high public positions. The Commission's leadership will be elected by the National Assembly. The new body will not consider anonymous alerts for corruption.

The Commission's members will undergo a check aimed at establishing whether these individuals carry out their duties honestly, in conformity with the Constitution and the country's laws, and in the interest of citizens and society.

The Commission will gather, analyse and check data based on information about corruption practices of high-ranking public officials. It will conduct investigations through public and private methods and means, and by observing and guaranteeing citizens' dignity, rights and fundamental freedoms. Specific means will be used in conformity with instructions adopted by the Commission. The new body will request the use of special surveillance means (SSMs) in accordance with the SSMs Act.

The evidence gathered will be presented to the corresponding judicial bodies. The Commission will establish unlawfully acquired assets and will create, maintain and use information funds.

The purpose of the Commission's investigations is prevention and disclosure of violations and crimes related to corruption practices, acquisition of data and information about actions or inactions that indicate corruption practices, and presentation of these data to the corresponding judicial and investigative bodies.

Commenting on the above-mentioned provisions during the debate in Parliament, opposition MP Krassimir Yankov (BSP for Bulgaria) said that through these texts the power holders admit there are problems with data gathering at the Interior Ministry, and that the new counter-corruption body will duplicate the Interior Ministry's work. "Through these texts you are trying to present more favourably to society the lack of sufficient capacity and will to fight corruption and the crimes linked to it," he also said. Yankov added that it is the incumbent's attitude to power and administration, and their lack of will to introduce the e-government that are generating corruption.

The MPs determined through an ordinance that the work of the Commission employees will be of first category in accordance with Bulgarian labour law.

When a person at a high public position has a private interest, he/she must withdraw from the implementation of the corresponding obligation or the use of the corresponding power by informing the body responsible for his/her appointment. If a conflict of interest is established for such a person, for one year he/she will not be allowed to take public positions and conclude employment contracts, consulting contracts, and others, and the remuneration he/she has received from the action constituting a conflict of interest will be taken away in favour of the State or municipality.

After the bill's adoption, GERB Floor Leader Tsvetan Tsvetanov thanked the MPs for supporting the bill and expressed confidence that it will lead to greater efficiency in the fight against corruption and will meet voters' expectations and needs as well as the European Commission's recommendations.

Socialist MP Kroum Zarkov warned that results are needed. "We will be here and in several months we will ask where these are," he added.