site.btaUPDATED Court Says Use of Special Investigative Means Against MP Ibryamov Is Lawful

Judicial authorization for the use of special investigative means against an MP in the framework of operational actions is admissible and lawful, according to an opinion of Sofia City Court (SCC) Deputy Chair Rusi Alexiev provided to the media. The statement was issued on the occasion of the arrest of Dzheyhan Ibryamov and on the opinion of his lawyers. 
 
According to Ibryamov's defence, he was illegally detained. The lawyers are of the opinion that the Parliament Chair has left without consideration the request of the Prosecution Office to authorize the detention, which means that he rejected it. Ibryamov's lawyers also believe that the court's authorization to use special investigative means against a person with immunity is unlawful.  

Judge Alexiev points out that when the National Assembly or its President are not in plenary session, the National Assembly issues a permit for the lifting of an MP's immunity only for the purpose of criminal liability of an MP in the framework of pre-trial proceedings, but not for the purpose of carrying out extra-procedural actions. 

If special investigative means are used to gather operational information rather than evidence, judicial review is required, but no National Assembly authorization is needed, even if the target has parliamentary immunity, despite the significant privacy invasion. The use of special investigative means outside criminal proceedings does not lead to criminal liability for someone with parliamentary immunity. If such means were used only after the National Assembly lifted the MP’s immunity, the process would be ineffective and pointless, Alexiev says.

He also points out in his opinion that the immunities of the Head of State and of MPs differ substantially, both in their nature and because of their very different functions provided for in the Constitution.

On October 9, Sofia Appellate Court confirmed Thursday the lower court’s decision that there is sufficient evidence in the case to support the reasonable assumption that Ibryamov committed the crime with which he is charged. The formation of the Court also found that there is no risk of Ibryamov to abscond, but there is also a risk of him committing a crime if he is not remanded in custody.

On October 2, Ibryamov, MP of the 50th National Assembly, was detained and his home was searched, BTA learned from his lawyer, Yordan Kirov. Ibryamov is the top-of-the-list candidate of the Alliance for Rights and Freedoms coalition in the 30th multi-member constituency in Shumen for the snap parliamentary elections on October 27.

On October 5, when the Sofia City Court initially left Ibryamov in custody, Ivaylo Petrov, the supervising prosecutor in the case, told journalists that Ibryamov's charge is for influence peddling, and he confirmed that there is evidence in the investigation of vote-buying in the upcoming and past elections. Petrov confirmed that BGN 100,000 were found in Ibryamov's posession. He had asked for BGN 200,000. One part of the money was in the inside pocket of his jacket, while another part was in a paper envelope he was holding in his hands, the prosecutor explained, adding that the bills were marked. According to the prosecutor, Ibryamov is currently exercising his right to not provide explanations. Detailed testimony was given by witness Miroslav Todorov.

Earlier on October 5, the Sofia City Court ruled that the court session to review the prosecution service's request for a detention order against Dzheyhan Ibryamov will be held behind closed doors due to information in the case file that could be classified as matter of national security, which covers the characteristics of a State secret.

Ahmed Dogan, the Honorary Chairman of the Movement for Rights and Freedoms (MRF) and top-of-the-list candidate of the Alliance for Rights and Freedoms in Razgrad and Kardzhali, came out to a protest on Saturday against Ibryamov's detention. The suspect's wife, Birshen Ibryamova, declared a hunger strike until his release.

National Assembly Chair Raya Nazaryan and the Central Election Commission authorized the lifting of Dzheyhan Ibryamov's immunity as an MP and a candidate for MP, following a request from the prosecutor's office to indict him.