site.btaUPDATED PM Denkov Refers Case of Interior Ministry Secretary General to Ad Hoc Prosecutor Taleva

Acting on an oral and written report from Interior Ministry Secretary General Zhivko Kotsev, outgoing Bulgarian Prime Minister Nikolay Denkov on Monday alerted Ad Hoc Prosecutor Daniela Taleva and officially informed Justice Minister Atanas Slavov of a reasonable doubt that acting Prosecutor General Borislav Sarafov might have committed a criminal offence, the Government Press Service said on Monday.

Kotsev reported to Denkov that on April 3, 2024 he had come under psychological pressure to resign as secretary general of the Interior Ministry and stated that he had been threatened that, unless he resigned, he would be charged with a serious offence and would be detained in custody.

The pressure was exerted by Sarafov, with the involvement of the administrative head of the Sofia City Prosecution Office (SCPO) Iliyana Kirilova and in the presence of the deputy administrative head of the SCPO Hristo Krastev and of Commission for Anti-Corruption Chair Anton Slavchev, the press release says. 

Subsequently, late in the evening of April 3, Kotsev was also pressured to resign by Interior Minister Kalin Stoyanov, who gave him a pre-prepared request to this effect and insisted that he sign the request immediately.

It emerged from a statement by Kotsev at the end of last week that he initially decided to sign the resignation because the significant pressure disappointed him with the system. However, after that resignation started to be cited as an argument for Stoyanov's appointment as interior minister in the caretaker cabinet and that a massive campaign was mounted to discredit him professionally and personally by material "leaked" to the media so as to "motivate" him additionally to step down, Kotsev changed his mind and withdrew his resignation.

Denkov called on Taleva to establish all facts and circumstances as to whether the above-mentioned individuals had committed an offence and listed several questions which, in his opinion, ought to be answered:

1. Did a meeting between Sarafov, Kirilova, Krastev, Slavchev and Kotsev take place on April 3, 2024?

2. In case such a meeting did take place, what was its purpose, and why did the representatives of all those institutions hold joint meetings with the Interior Ministry Secretary General? What was their legal power to do so, and what were the legal grounds for this? According to the latest amendments to Bulgaria's Constitution, the sole function of acting Prosecutor General Borislav Sarafov is administrative head of the Supreme Prosecution Office, which leads to the question why he was present at that meeting in person and in what capacity.

3. Why was Kotsev's home searched on the day of the meeting, and is there a link between the above-mentioned meeting and the search?

4. Who organized and coordinated the representatives of all those institutions to participate in that meeting, and are third parties involved, including politicians, who contacted those individuals in order to organize the meeting?

5. Did a meeting between Stoyanov and Kotsev take place on the evening of April 3, 2024? How did Stoyanov become aware that Kotsev would resign, and who drew up a resignation request, complete with Kotsev's personal data, prior to that meeting?

6. Was Kotsev pressured and coerced by the above-mentioned officials and, if so, for what purpose? Are there any third parties, including politicians, who required from those individuals to perform those acts? 

Justice Minister Urges Full Check

In a related development, outgoing Justice Minister Atanas Slavov urged the Supreme Prosecutorial Council (SPC), the Inspectorate with the Supreme Judicial Council (SJC) and Judge Galina Zaharova as presiding over the SJC and SPC General Meeting to conduct a full, objective and comprehensive check of the facts and circumstances about alleged pressure on Kotsev to resign, Slavov's Ministry said in a press release.

Slavov's request is based on a letter from outgoing Prime Minister Nikolay Denkov, received at the Justice Ministry, which "contains information and indicates circumstances about a breach of the official duties committed by administrative heads in the Prosecution Office of the Republic of Bulgaria," the press release said.

In case the facts concerned are confirmed, the outgoing Justice Minister insists on the commencement of proceedings for the enforcement of disciplinary liability with regard to Sarafov and Kirilova for a serious breach of their official duties and actions damaging the prestige of the judiciary.  

"In my opinion, the holding of such a meeting of prosecutors holding senior positions at the prosecution service with the Interior Ministry Secretary General and with the Commission for Anti-Corruption Chair for exerting pressure for tendering a resignation and vacating office, as a condition for not being criminally charged, is inadmissible and beyond the established legal and institutional procedure for interaction among the branches of government and the exercise of their functions," the Minister's request reads.

Slavov also insists on the convocation of a SJC and SPC General Meeting "for consideration of the crisis situation that has arisen and of possible joint institutional decisions addressing that situation."