site.btaPresident Challenges Constitutionality of Provisions in Classified Information Protection Act, Armed Forces Act

President Challenges Constitutionality of Provisions in Classified Information Protection Act, Armed Forces Act

Sofia, August 7 (BTA) - President Rosen Plevneliev, who is also
Supreme Commander of the Bulgarian Armed Forces, has referred to
 the Constitutional Court provisions in the Classified
Information Protection Act and the Defence and Armed Forces Act,
 which deny persons under investigation access to classified
information.

The news media link the President's application to the case of
General Dimiter Shivikov who was charged of malfeasance in
office and was forced to resign after his access to classified
information was discontinued.

The President argues that according to the Constitution "a
defendant is presumed innocent until otherwise proven by an
effective sentence" and the said provisions are in breach of the
 country's basic law, the EU Charter of Fundamental Rights and
the Convention for the Protection of Human Rights and
Fundamental Freedoms. Besides, they restrict the right to work,
enshrined in the Constitution. According to the head of state,
military personnel is denied effective protection, while it
should be under the protection of the Constitution.