Unfortunately, we are way behind our European partners and have hardly done much to uncover and confiscate properties and capital of Russian oligarchs and politicians linked to the Kremlin regime.
I was today in the town of Bucha and Borodianka - you have to see the collapsed residential buildings and civilians killed to realize that we cannot allow the return of the darkest times of human history to continue.
Circles that are conduits of the malign Russian influence in our country attack the state prosecution and me in particular on a daily basis for reasons beyond the law, Bulgaria's Prosecutor General reveals exclusively to Faktor.bg.
Interview by Stoyko Stoyanov
- Mr. Geshev, your meeting with the Prosecutor General of Ukraine Andriy Kostin is significant in the context of the ongoing second year of Russian military aggression against the Ukrainian people, how can the Bulgarian state prosecution be useful to Kiev?
- The Bulgarian state prosecution can be useful for Kiev in many aspects, especially in the field of international legal cooperation in criminal cases. The Bulgarian Prosecutor's Office has always had very good interaction with its Ukrainian counterparts at all levels. We know each other with our colleague Mr. Kostin, as well as with the previous Prosecutor General, Mrs. Venediktova. The signed memorandum will further strengthen the already established relationship, enabling active cooperation in the investigation of crimes related to Russian aggression in Ukraine, in particular crimes against humanity, war crimes, aggression and genocide. Lasting mechanisms for partnership between institutions will be established, and the way is clear for the creation of joint teams to investigate war crimes. Separately, I invited colleagues to participate in a forum organized by the Bulgarian Prosecutor's Office in the city of Burgas. Prosecutors from Romania, Lithuania, Turkey, Moldova, Azerbaijan, Kazakhstan, Uzbekistan and others will attend.
The Bulgarian Prosecutor's Office has for years taken active measures to counter Russian military and intelligence services in Bulgaria. This is evidenced by the investigations carried out and the diplomatic effect and response that followed. Here again, we can be helpful to our colleagues from Ukraine.
- You have discussed with Kostin the methods for investigating war crimes and the mechanisms for protecting human rights, what will be the concrete steps in this direction, how will we react if Russians responsible for atrocities in Ukraine go into hiding on our territory?
- The investigation of crimes committed in the context of armed conflict is very complicated. The work on these criminal proceedings is obstructed by a number of negative factors that affect the process of detection and investigation of crimes. The Bulgarian State has obligations arising both from the Bulgarian Criminal Code and from the international agreements to which it is a party. The limits of our Criminal Code extend to foreigners who commit a crime against peace and humanity abroad which affects the interests of another State or foreign nationals. The Criminal Code of the Republic of Bulgaria also applies to other crimes committed by foreigners abroad, where this is provided for in an international agreement in which the Bulgarian State participates.
On the other hand, Bulgaria is part of the 123 States that have ratified the Rome Statute, the founding treaty of the International Criminal Court, and as such has obligations to detain and surrender persons found on its territory for whom a warrant has been issued by the International Criminal Court. We also have such an obligation for every person wanted on the basis of a European Arrest Warrant and for every person declared internationally wanted. Naturally, we will react immediately and we will arrest and surrender these persons in due course.
- Is the Bulgarian Prosecutor's Office working to identify and confiscate property and capital of Russian oligarchs and politicians linked to the Putin regime operating in our country?
- The Bulgarian state has obligations to directly implement the two European regulations - Council Regulation (EU) No 269/2014 of 17 March 2014 concerning restrictive measures in respect of acts undermining or threatening the territorial integrity, sovereignty and independence of Ukraine and Council Regulation (EU) No 833/2014 of 31 July 2014 concerning restrictive measures in view of Russia's actions destabilizing the situation in Ukraine. Regulation No 269/2014 freezes all economic resources and funds owned or owned, held or controlled by any of the natural and legal persons, entities or bodies, or natural or legal persons associated with them, listed in Section I of the Regulation. At the same time, the Regulation prohibits the provision of financial or economic resources to listed persons. In order to implement this freeze, Member States should lay down a system of sanctions, including, where possible, criminal sanctions, rules for the imposition of those sanctions, and take all measures necessary to ensure that they are implemented.
The Bulgarian state has so far not criminalized the violation of the prohibitions under the regulation. Therefore, in the field of criminal law, the Prosecutor’s Office has powers only in the context of evidence of a crime under the current Criminal Code. However, in accordance with its legality supervision powers, the Supreme Administrative Prosecutor's Office has initiated a review of specific measures taken, actions taken and acts issued by the competent Bulgarian institutions in relation to the sanctions imposed, including evidence of specific sanctions in respect of the natural persons or natural or legal persons, entities or bodies associated with them listed in Annex I of Regulation 269/2014. Upon receipt of the information, an assessment will be made as to whether there are grounds for attacking illegal acts and for taking appropriate measures in the event of illegal acts, and, if evidence of common law offences is found, the competent territorial Prosecutor's Office will be contacted. My impression, unfortunately, is that we are well behind our European partners and have hardly done much.
- Investigations by Ukrainian media show that Putin's groom Viktor Medvedchuk has invested over 20 million euros in properties in Nessebar, Tsarevo and Pomorie, which have now been transferred to his wife. In February this year, Kiev seized $153 million of the family's assets, will there be a reaction in Bulgaria?
- Depending on the results of the inspection, which is being carried out by the Supreme Administrative Prosecutor’s Office, the appropriate actions will be taken, but as I have indicated above, in practice the prosecution could react only in the presence of evidence of a crime, or if there are grounds for exercising its powers under the supervision of legality. The Bulgarian State has a commitment, and I hope that it will be more active in fulfilling our international obligations. Because we are part of a democratic community and we cannot allow aggression in the 21st century, full-scale war in Europe and the killing of innocent civilians like today in the city of Uman. I was today in the town of Bucha and Borodianka. You have to see the collapsed residential buildings and the civilians killed to realize that we cannot allow a return of the darkest times of human history to continue. For the first time, I also heard air raid sirens at night in Kiev. That is why everyone must do what they can to defend democracy and human values, and to help our brothers in Ukraine. Because you understand who is your friend when you are in trouble.
- In the beginning of March, the International Criminal Court issued an arrest warrant for the Russian president. Many countries have already confirmed that they will comply with the order if Putin finds himself on their territory, what should be the Bulgarian reaction?
Bulgaria, like all states that are parties to Rome Statute of the International Criminal Court, has an immediate obligation to detain Vladimir Putin if he is found on its territory and to hand him over to the International Criminal Court. So, on this issue, it is very clear what the Bulgarian reaction should be.