Caretaker Minister of Interior sends a signal against the Chief Prosecutor to the National Investigation Service

The caretaker Minister of Interior, Boyko Rashkov, has sent the signal against Chief Prosecutor, Ivan Geshev, to the Director of the National Investigation Service, Borislav Sarafov. Rashkov announced this on July 27 after an award ceremony for directors of regional directorates of the MoI for good performance of their duties.

"Today I sent some of the materials that the caretaker Minister of Justice submitted to the Supreme Judicial Council and which material was refused to be considered on the merits by the SJC. I separated some of this material concerning the unlawful publication in the public domain of materials acquired by intelligence gathering devices, as well as other materials that were found during the investigation in certain cases. In my opinion, there is reason for the investigation service to deal with this issue," Rashkov said.

Rashkov sent this material to the deputy Chief Prosecutor and Director of the National Investigation Service, Borislav Sarafov. If the deputy Chief Prosecutor refuses to initiate pre-trial proceedings against his superior, Rashkov said he would appeal to the current Chief Prosecutor.

"I hope that an investigation will be conducted to answer the question whether it is a crime committed by the Chief Prosecutor or not. Under two laws in our country, the disclosure of data collected through special inrelligence gathering devices is banned. I see that there are opponents, including members of the SJC, who are looking at this issue from the point of view of the Chief Prosecutor Ivan Geshev. We have a court practice, from the Varna Court of Appeals – a ruling by which a person was found guilty of this crime - disclosure of data from special intelligence gathering devices and given that in our country the Constitution proclaims the principle of equality of citizens, it seems rather strange to deny that in one case the person committed a crime and was therefore convicted by the Varna Court of Appeal, and now, in the cases of the Chief Prosecuttor, according to some from the Prosecutor’s office and the SJC, we do not have such a hypothesis, which is why we cannot even launch a pre-trial investigation," caretaker Minister of Interior added.

Rashkov said he was looking forward to a decision by the Bulgarian Prosecutor's office on the case. Or rather, whether any prosecutor to whom this case will be assigned will be able to show courage to initiate pre-trial proceedings and launch an investigation against the Chief Prosecutor of the Republic. Is he untouchable in practice, Rashkov said.

There is also a paragraph in the materials, which refers to the publication of data from correspondence on mobile devices between different persons.

"The publication of these materials from this correspondence was specially selected in order to suggest to the public, but also to use the material to convince the judiciary that certain circumstances happened as Geshev wanted," added the caretaker Minister of Interior.

The law requires that communication be made available to the public as presented, if there are any legal grounds for doing so. In these materials there is a special selection, which betrays a goal to put the one who participated in the communication in an unfavourable light. Such conduct is criminalized (by law) and is subject to imprisonment, Rashkov added.

When asked, Rashkov said he had not received invitations for a ministerial post in a regular cabinet, nor had he received invitations as an ambassador or a judge at the Constitutional Court.

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