site.btaHigh-Level Corruption, Conflict-of-Interest Whistleblowers Will Not Be Immune to Prosecution, Parliament Resolves

Sofia, December 15 (BTA) - Regardless of whether their alerts are well-founded or not, high-level corruption and conflict-of-interest whistleblowers will not be immune to prosecution for a delict, according to a provision in the Counter-Corruption and Unlawfully Acquired Asset Forfeiture Bill, moved by the United Patriots and passed conclusively on Friday by Bulgaria's Parliament, 70-4 with 41 abstentions.

GERB initially backed the original version of the provision, according to which such whistleblowers were not supposed to incur liability and suffer other adverse effects on these grounds only, meaning that the target of the alert would be unable to sue the submitter. With this defence, members of the public would not fear ensuing litigation. Without it, they would be dissuaded from submitting alerts.

The usual amount claimed in delict proceedings ranges from 10,000 to 100,000 leva. The court may freeze the respondent's assets to secure the plaintiff's action.

Filip Popov MP of BSP for Bulgaria argued that immunity from prosecution implies that the whistleblower is not liable for anything, regardless of whether the alert is a false accusation or not. Hristian Mitev MP of the United Patriots insisted that this provision grossly violates the rights of the target of the alert.

Also on Friday, the legislature resolved that the Commission on Counter-Corruption and Forfeiture of Unlawfully Acquired Assets will not consider anonymous corruption alerts but may act on its own motion on the strength of media reports. Whistleblowers will have to identify themselves by their full name, personal identification number, telephone, fax and e-mail. The alert must state specific details of the alleged violation and name the senior public official involved, and refer to documents or other sources of information supporting the allegation.

The persons checking the alert must not disclose the identity of the whistleblower and may not make public the facts and data of which they become aware. They are bound to safeguard the written documents entrusted to them from irregular access of third parties. The bill provides for particular measures to protect the whistleblower's identity, including prevention of psychological or physical pressure.

Senior public officials will be required to submit declarations disclosing their financial interests and conflict of interest, which will be checked by the Commission's inspectors within six months. Registers of the declarations as submitted will be kept.