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SJC debates how to proceed after the withdrawal of the first motion for the early dismissal of Prosecutor General Ivan Geshev
Surprisingly, the six magistrates who asked for the early dismissal of Prosecutor General, Ivan Geshev, withdrew their motion at the Supreme Judicial Council (SJC) meeting on June 8th, They did not announce their motives for this, they only commented that they withdrew the proposal after they had seen all the evidence gathered so far in the case.
The Council was supposed to discuss the merits of the two requests for early termination of the Geshev’s term in office.
Ivan Geshev urged those present in the meeting not to violate the rules and the Constitution. He said he had no concerns and did not want to become a reason to delay the procedure.
Entering the sitting, the new Justice Minister Atanas Slavov said he hoped for a concise procedure that would guarantee the principles of impartiality, neutrality, objective search for the truth. If the procedure is not completed today, Slavov announced that he will schedule a hearing tomorrow.
During the meeting a dispute arose whether the six magistrates have the right to withdraw their motion and whether the procedure should continue. SJC members also differed on whether the discussion of the two motions should be today at all, or postponed until Monday, when the 7-day deadline expires after the second motion was admitted to be considered on its merits.
Prosecutor General Ivan Geshev said he would be travelling on Monday 12 June.
"The Plenum is meeting to consider the merits of the motion seven days after the adoption of the decision under Article 16, i.e. seven days after the opening of the procedure for joint consideration of the two motions, because both the literal and grammatical interpretation indicates a fixed 7-day period. It is stipulated in view of the right to defence", believes Veronika Imova, member of the SJC, Judges’ College.
"We, the petitioners of both motions, are definitely of the opinion that the time limit is instructive, i.e. it should be interpreted as the maximum time limit", says Kalina Chapkanova, member of the SJC, Prosecutors’ College.
A break was announced for the members of the SJC to consult the law on the procedure. In the meantime, witnesses have been invited and are waiting to be called to the room to explain the circumstances and facts surrounding the admission of the Israeli expert to the scene of the bombing against the Prosecutor General.
Prosecutor General Ivan Geshev did not address the media for comment upon entering the sitting. A rally is also being held in front of the SJC building to defend Geshev.
On Monday, the SJC accepted that the two motions on the early dismissal of Ivan Geshev should be considered in a single procedure and allowed the collection of evidence. The first motion was for breach of duty in connection with the investigation into the bombing of his motorcade, and the second for a statement by Geshev in which he called the Bulgarian politicians in general “rubbish”.
According to Geshev, the reasons for seeking his early dismissal protect interests outside the judiciary.
The Prosecutor General also did not accept that he had violated his duties with regard to the investigation of the bombing near his motorcade, since on 1 May, when the incident occurred, his functions were assigned to his deputy, Borislav Sarafov, and the order to do so had been issued on 24 April.
On Monday, Geshev recalled that he had referred to the Constitutional Court asking whether a Supreme Judicial Council with an expired term in office is legitimate to work, as well as whether it can take personnel decisions, and asked that the proceedings be suspended until the court's ruling.
Images by Dessislava Kulelieva
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