Iva Mihaylova Case: Further Questioning of Forensic Doctor, Suspected Withholding of Evidence and International Expert Assessment

A surprise additional questioning of a forensic doctor, suspicions that evidence was being withheld and an international expert assessment marked the latest hearing in the case against Iva Mihaylova in Kočani, North Macedonia.

Bulgarian National Television (BNT) was the first to raise the case of the young woman, who also holds Bulgarian citizenship and needs medical treatment following a road accident, but has been prevented by a court in North Macedonia from leaving her home town.

The hearing has now lasted 12 hours. The surprise additional questioning of the forensic doctor came after she was called to explain in court something she had not said at a previous hearing – that the construction materials being carried in the vehicle that collided with Iva’s car were not responsible for the traumatic injuries that led to the death of one of the passengers in that vehicle.

It also emerged that the strips being carried in the car, which were not seized as evidence, had not been examined to determine whether they could have injured any of the passengers.

During questioning, an automotive expert who had prepared an expert report at the request of the prosecution said he had not taken into account the weight of the two vehicles involved in the collision because he had carried out an analytical assessment rather than a factual and physical reconstruction. All this raised concerns among those in the courtroom that there were many gaps in the investigation.

The additional questioning of the forensic doctor was requested by the prosecutor. What stood out was that the prosecutor made the request in court at the beginning of today’s hearing. It then emerged that the doctor was already travelling from Skopje to Kochani. This suggested she had clearly been notified in advance to attend.

This, together with parts of the load that were not seized, including strips being transported inside the passenger compartment, and photographs that were allegedly withheld, has led to suggestions that other evidence may also have been concealed.

Iva Mihaylova entered the courtroom today hoping for justice, but also with a sense of realism.

Iva Mihaylova: “Given the disrespect and injustice toward Bulgarians in North Macedonia, we feel fine; we’re prepared, with just a little fear, but everything will be all right.”

There was a surprise at the very beginning of the hearing. The prosecutor requested additional questioning of the forensic doctor, who, it turned out, was already travelling from Skopje to Kocani and was just 15 minutes away. Before the court, she explained that the load in the vehicle that collided with Iva’s car had no bearing on the injuries that caused the death of one of the passengers. She described how the body of the deceased passenger had moved during the crash, but said she did not know how the other objects being transported in the car had moved.

Naser Raufi, Iva Mihaylova’s lawyer: “What surprises me most is that she did not physically examine the vehicle, but only looked at photographic material, without knowing about these strips. She is familiar with Newton’s laws, but only mentions some of the relevant points, in favour of the prosecution, and does not answer basic questions.”

Iva Mihaylova claims that evidence that could support her case is being withheld.

Iva Mihaylova: “I have a photograph that I want to show you. It was taken at the scene of the accident, 20 minutes after the crash. There are strips between the seats – starting from the front and extending to the back – and this is being concealed today. By the expert and the prosecutor.”

Nikolay Dimitrov, Iva Mihaylova’s lawyer: “The vehicle was full of construction materials. First, the expert did not address these materials in his medical report, and secondly, he was unable to give a reasoned answer as to whether they contributed to the death of the passenger in the back and to the serious injuries sustained by the driver.”

The prosecution’s automotive expert said he had not measured either the width or the length of the marks left by the vehicles involved in the crash, nor the weight of the two cars. Bulgarian MPs were again present in the courtroom.

Boyko Mladenov, MP from “Progressive Bulgaria”: “My view is that everything the prosecution is presenting at the moment has been fabricated. The photographs I saw, which were shown to me, unequivocally indicate that the collision occurred in Iva Mihaylova’s lane. In the photographs, I also clearly saw the strips, which the medical expert is now claiming had no role in the death of the passenger – the only fatality.”

Georgi Georgiev, GERB MP: “What we are seeing is the same old story – the refusal to allow Iva to return to Bulgaria and receive treatment, despite her deteriorating health, which is already showing a pattern, given that she has been subjected to similar refusals several times. Ultimately, she has nothing to do with the criminal case.”

Elisaveta Belobradova, MP from “Democratic Bulgaria”: “The only thing we can say is that, in any case, we must support Iva in every way we can, speak to all European institutions and appeal to the Macedonian authorities, telling them that human rights are an inseparable part of the aspiration to be part of Europe.”

Iva Mihaylova’s Treatment Case Could Be Taken to the European Court of Human Rights in Strasbourg

Because of the repeated refusals to allow Iva Mihaylova to receive treatment abroad, her lawyers are filing a complaint with the European Court of Human Rights in Strasbourg.

BNT has obtained the automotive technical diagrams reconstructing the collision. They clearly show that, according to the international automotive expert assessment, it was not Iva Mihaylova but the other vehicle that crossed approximately 40–50 centimetres into her lane, causing the collision that led to the accident.

The judge adjourned the case against Iva until 9 October.