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Chief Prosecutor Ivan Geshev appeared for a hearing in Parliament’s Legal Affairs Committee

chief prosecutor ivan geshev appeared hearing parliamentrsquos legal affairs committee
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22:06, 19.08.2021
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The Legal Affairs Committee in the National Assembly summoned Chief Prosecutor Ivan Geshev for a hearing on August 19.

With an overwhelming majority, lawmakers decided to call the Chief Prosecutor in the Parliament for a hearing on police violence against protesters during the anti-government protests in the summer of 2020. The request was submitted by Democratic Bulgaria.

The Chief Prosecutor got acquainted with the videos of police violence next to the columns of the Council of Ministers from July 10, 2020, last Friday.

"Any violence is unacceptable. I have neither the obligation nor the authority to control pre-trial proceedings. Everyone can express their indignation at what they saw then, but we live in a country governed by the rule of law, which means that the court decides who is guilty and who is not after a sentence comes into force," said Chief Prosecutor, Ivan Geshev.

The Chief Prosecutor said he was not aware of the case against the police. He commented on the statements of the caretaker Minister of Interior that the Prosecutor's office had been hiding the records for a whole year and had filed charges only a few days ago, as follows:

"I am sincerely amused by his statements. If anyone has any claims about the speed with which the case is being conducted, they should turn to the judicial Inspectorate, because I have no right to interfere with the prosecutors," said Chief Prosecutor Ivan Geshev.

He told the MPs that the pre-trial proceedings have lasted for 8-9 months.

"I have no information that it has been terminated. The relevant supervising prosecutor is responsible for everything. I do not mind changes to the law on the judiciary and the Chief Prosecutor to be responsible for proceedings," Geshev said.

Regarding the request of the MPs to be heard in the Parliament, the Chief Prosecutor said that Article 24 of the Rules of Procedure of the Parliament is unconstitutional. He will submit a request to the Constitutional Court to declare it unconstitutional.

"The President, Vice President, constitutional judges and magistrates cannot be invited by parliamentary committees. That is, the Chief Prosecutor can be invited to the National Assembly itself by the National Assembly itself," Geshev said.

Ivan Geshev: The hearing violates the independence of the judiciary

Geshev also commented on what happens when colleagues investigate colleagues.

"According to the statistics of the Prosecutor's office, when a prosecutor is investigated by a colleague from the same city, the possibilities for low efficiency are serious. This problem should be solved by legislative changes. I remember times when Ministry of Interior officials were investigated by the Chief Prosecutor," Geshev said.

Geshev explained what the special intelligence-gathering devices were used for during last year's protests.

"We are talking about an organized criminal group for bodily injuries, arson, organised by gambling businessman Vassil Bozhkov. Special intelligence-gathering devices were used. 50 material evidence were prepared," the Chief Prosecutor said.

"The Prosecutor's office has published recordings of a fugitive abroad wanting to compromise the protests. How will he send people, what will he do. The Prosecutor's office has protected the interests of legally protesting citizens," Geshev said.

The process of optimising the Prosecutor’s office is almost completed, Geshev added.

Answering to the letter of the chairman of the legal affairs committee, Andrei Mihailov, the Prosecutor's office replied that Geshev's appearance in the National Assembly would be a violation of the Constitution.

However, today he appeared in the National Assembly and spoke to journalists before the start of the committee meeting.

***

There is a long-standing practice of the Constitutional Court, which excludes the exercise of parliamentary control over the work of specific magistrates and in pending cases, this is what Chief Prosecutor Ivan Geshev on August 16 told BTA regarding the extraordinary session of the National Assembly convened on the topic of police violence during the protests in 2020.

Following the publication of a video of police violence against protesters last summer, Parliament Speaker Iva Miteva convened an extraordinary session of the National Assembly on August 17 at 10:00 a.m. to hear the caretaker Minister of Interior about the actions taken to identify those who exceeded their powers, the penalties and measures taken to prevent such acts.

A request for a hearing of the Chief Prosecutor in an extraordinary session or a request for a report on specific cases would violate the principle of separation of powers and undermine the independence of the judiciary, Geshev added.

According to the Constitution, I have neither the right nor the obligation to control specific cases or the decisions of specific magistrates. Moreover, this would be a violation of Bulgarian law and basic constitutional principles on my part, said Ivan Geshev.

images by Dessilava Kulelieva

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