Highlights from the Prosecutor General`s interview for “24 Hours”.
Ivan Geshev: Confiscating the car of drunk and drugged drivers will have enormous deterrent effect
Highlights from the Prosecutor General`s interview for “24 Hours”.
I have read that the National Protection Service waits for information from us. I hesitate whether this is insolence or incompetence or both of them.
We are the common enemy that unites people like the defendant Vasilev, the defendant Prokopiev and other oligarchs.
I will do my best to do what is fair and what people want.
The statement that I visit every crime scene across the country, is the following propaganda thesis, which aims at making Prosecutor`s Office vulnerable.
For the anarcho-liberal community this may be petty cases. They write so, because they are rich and live on the yellow paving-stones. For older people this is their life.
- Mr. Prosecutor General, in the last few days the Prosecutor`s Office surprised with promptly detection of the contract killing of Stanka Marangozova, only within months. This is an undoubted success having in mind the unsolved murder cases like these of Emil Kyulev, Iliya Pavlov and so on. Of course, the woman murdered is not of their rank, but nevertheless the short time you managed to reach not only the perpetrator, but the intermediary and the guarantor of the murder is impressive. Along with the murder, other curious details appeared – participation of a security officer from the National Protection Service in the preparation, his ties with magistrates, who are members of masonic lodges and so on. In general, it turned out to be an interesting story.
- Undoubtedly, this is an interesting story, but I cannot comment on details. However, as a Prosecutor General I will express my opinion of principle. I won`t get tired of saying again and again that my job is strategy, tactics and fundamental goals of the Prosecution. The investigation showed several things. At first place, cooperation between the Prosecution, the Executive authority and the operational services has improved its quality. Let`s say it that way: The qualitative interaction within the functional competence between powers gives effect. Good cooperation, however, is one side of the coin. The other side of the coin is mutual control. Whatever is being told and written by people and communities who hate Bulgaria and Bulgarian spirit, the truth is that, we indeed have problems with criminality, but we have success as well. In many ways we are far better situated than a number of developed European countries and the number of solved murder is one of the examples. Last year we had two, at most three unsolved murder cases, which is a big plus for Bulgarian law-enforcing system and is not specific for many countries that we compare together with.
I will give one more example. You may all night or all month long walk around “Vitosha” Blvd. in the city center of Sofia without anything bad happening to you, while there are European capitals, where the risk is not just ten but hundred times bigger. So that we have to be objective – to take into account the real problems, but also to point things that are our advantage. Let`s emphasize not only the problems. In the sector “violent crime” we are much better than many of our European partners. Otherwise, the case you are asking about is really interesting. I have read that the National Protection Service waits for information from us. I hesitate whether this is insolence or incompetence or both of them. There should be lawyers in this institution to advise the leadership that the Prosecutor`s Office is not Associated Press or TASS, it is not an information agency. The Prosecutor`s Office has the obligation to inform only in cases, strictly regulated by law. We also don`t intervene in the powers, personnel selection or employment relations of other services.
- It has been spoken for years that officials of the Services make extra money through not very respectable activities. The murder of Stanka Marangozova revealed that.
- This is a problem of personnel policy and moral responsibility of other Servicies. The National Protection Service is a separate institution with its own leadership. The Prosecutor`s Office has no relation to its staff and problems. We have enough of our own problems to solve, to take on others as well.
- In any event, the case in point is about serious crimes.
- Serious crimes fall within the competence of the Prosecution. As you can see, this lieutenant-colonel, who was part of mass events security and so it may turn out that he was part of the security of all endangered persons, was put under detention order by the Military Court. We do our job and we take our responsibility. If there is a reason to assume that a crime has been committed, we do not hesitate to initiate pre-trial proceedings, regardless of who is concerned and what is his/her job and position, what is his/her financial capacity, political adherence and whether he/she is part of the government or not. The purpose is to show that our approach is the same for everyone.
– Will there be other pre-trial proceedings - for example for influence trading, after it became clear that the lieutenant-colonel had been communicating with influential people in his lodge?
- This is by decision of supervising prosecutors. Most probably, if the evidence gathered so far is proved. What we have officially confirmed is that there is an expert reference of mobile devices, that indicates influence trading. That is to say that if certain evidence is gathered after the expertise has been prepared there will be separate and other pre-trial proceedings. In short, to be a free mason is not a crime. In Bulgaria, however, like anything else, even the freemasonry is differently shaped. What I know, as a result of my work, is that these lodges are clubs of interest, where many individuals from state structures belong to, so that they can exchange favors.
– Less than a month ago you proposed amendments in Criminal Code (CC), according to which drivers under the influence of alcohol (over 2 mille) and drug, who have caused death deliberately, shall be punished from 15 to 20 years or life imprisonment. You sent your ideas to the political parties in the Parliament and to the government. Did they accept them?
– I don`t have information whether someone has accepted the expert proposal of the Prosecutor General. This is not the main point. It is important that the politicians hear what people want; to solve the problems raised by citizens, namely, that there is a war in Bulgaria, war on the roads, as you journalists say. The victims of road accidents in Bulgaria have the highest rate per capita in the entire EU. Nearly 10 per cent of all cases are those under Art. 343B of Criminal Code – for driving a motor vehicle after drinking alcohol (when the concentration in the blood of the perpetrator exceeds 1.2 per mille) and or drugs. In absolute terms, these are between 8000 and 10000 cases per year. The increase in cases under this text in the segment of drugs is from a few dozen in 2015 to several thousand at the moment.
Just as your colleague the journalist Milen Tsvetkov died, so it can happen at any moment to dozens and hundreds of our relatives and acquaintances, pregnant women, young people, children. This is a problem that didn`t receive enough attention during the years and still doesn`t. I will correct you. Since the 80s years of last century the law makes provisions for 15 to 20 years imprisonment or death penalty (at the moment replaced by life imprisonment) for having caused a death as a result of traffic accident in the event of intent. As far as I remember, there is a well-known case in Haskovo from the early 80s of last century, when the court passed a verdict imposing the heaviest penalty. A race-car driver, under the influence of alcohol, swept and killed many people, including four children, at a bus station. Now we just specified the hypothesis after having analyzed the causes for traffic accidents with death of one or more persons. These hypotheses are: driving under the influence of alcohol and drug, driving with inappropriate speed and driving without permission.
– The amendments that you proposed, include the idea the car, with which the traffic accident has been caused, to be seized to the benefit of the state, irrespective of the owner. Isn`t this measure too extreme as strike on private property?
– There is a similar sanction when it comes to smuggling, so that this is not an innovative approach. How can we follow the rule in Greece? How did we learn not to drive in the bus lane or to drive with belts? What was the reason to do that? One reason – financial sanctions. The financial penalty, the possibility to lose money, has much more deterrent effect than anything else.
Seizure to the benefit of the state of the thing, that served or is intended to commit a crime (a possibility provided for, also at the moment, in Art. 53 of the Criminal Code for intentional crimes, but only if it belongs to the perpetrator), such as the car, will have much more significant effect than any increase of the penalty level. When a person gets in its car, no matter if the car costs two or two hundred thousand BGN, he/she will think about whether to drive under the influence of alcohol or drugs. This is only a proposal. I don`t know what will be adopted by the Parliament. According to me, it is a matter of fact that the politicians have to solve this problem as a result of which as many Bulgarian citizens die and are injured as in local military conflict.
– But as Kozma Prutkov said (joint pseudonym of brothers Aleksey, Vladimir and Aleksandar Zhemchuzhnikovi and their cousin Aleksey Konstantinovich Tolstoy in 19th century) the strictness of Russian laws is mitigated by the non-binding nature of their observance…
- Obviously, being Slavic nations, we are resembling to each other. The question of the proper law-implementation and law-abidance by all institutions is also important. It is important not only to have laws, but these laws to be implemented as well. I am responsible only for the Prosecution. That is why I have issued methodological guidance for all prosecutors to unify the practice and right implementation of the law regarding intentional traffic crimes, including these falling under Art.343B of the Criminal Code – driving of motor vehicle under the influence of alcohol or drugs. While waiting for the decision of the Parliament and in compliance with my constitutional powers for methodological guidance, I have indicated how to apply Art.53 of the Criminal Code, i.e. to secure the motor vehicle (for the purpose of seizure to the benefit of the state), when it has been used or intended to commit an intentional transport crime and is property of the perpetrator. We will see what the practice of the Bulgarian court will be. Being a Prosecutor General, I propose one of the possible solutions. I can`t dare to be passive and not to do what I can and take for correct. Each of us could be in the place of Milen Tsvetkov.
Otherwise, to close the issue, I will say that I do not welcome partial law amendments. I have repeatedly said that this Criminal Code, dated 1968, from the Todor Zhivkov time, is outdated what concerns the Special Part and the provisions about particular crimes. This is part of the reason for low efficiency in corruption cases, malfeasances, mismanagement and what not. It has been necessary for a long time to make a comprehensive change, including the state`s penal policy, towards synchronization with the best European practices. Why this is not done? Probably, because many people who violate/infringe the law, are interested in inefficient law enforcement/justice. Including, many NGOs and politicians who, literally and ideologically, feed themselves on these chronic problems.
– Will there be another billionaire accused soon?
– I could hardly tell you, even if I knew that. This is up to the decision of concrete supervising prosecutors. But as I mentioned, we do not divide people by any financial or other criteria. We will apply the same approach to all, no matter whether they are ex or present politicians, oligarchs or low-income people. And the criterion is law abidance.
– Did you consult these proposals with the Council of Experts that you established last week, composed of many famous scientists in the field of law.
– These proposals – no, because at that time the Council of Experts had not been established yet. The Council is not a collective body, and tasks will be assigned to individual experts, each according to the area of competence; mostly, for synchronization of the prosecution practice. This will inevitably affect the court practice as well.
- Prosecutors say they do not comment on defendants and accused people. However, I cannot fail to note that with regard to Vasil Bozhkov, we are witnessing deja vu, as you say yourself. Something we have already observed in the case of Tsvetan Vassilev. Why did they both manage to escape days before they were charged and based in countries from which they could hardly be extradited? Were they warned?
- I will specify that the escape of the defendant Tsvetan Vassilev from Bulgaria does not refer to days, but months before he was charged in absentia. If I have to be fair, there is evidence related to the Corporate Commercial Bank case that its lawyer, who is currently being detained in another investigation by the Specialized Prosecutor's Office (Lazar Karadaliev – editor’s note), has been warned by an investigator from Sofia City Prosecutor's Office. This was also stated by one of the witnesses in the case (Biser Lazov - editor’s note). Unfortunately, not enough evidence has been collected for prosecution.
Regarding the accused Bozhkov - we do not have such data. We are really watching déjà vu, the following series. The accused Bozhkov is doing the same as the defendant Vassilev - he is trying to destabilize the state in order to create some kind of political configuration with the purpose of working for him. Don't you think that in any country, if, for example, the Ministry of Interior and the Prosecutor's Office do not cooperate within the law, success can be achieved in the fight against any segment of crime?
The second thing Vassilev tried and succeeded was in regard to extradition. In countries outside the European Union, with the exception of the United States and a few other countries, extradition procedures have a significant political element. No matter how well the Bulgarian Prosecutor's Office has done its work, in these countries the decision is ultimately made by politicians. Vassilev managed somehow to keep the Bulgarian state not active enough in the diplomatic field.
With regard to Bozhkov, we have yet to find out. What depends on the Prosecution, we have done. However, I will say that the topic "the escape of almost many accused and defendants from Bulgaria" is propaganda. I could say false news, circulated by the circle of the defendants Prokopiev and Tsvetan Vassilev and other millionaires, having problems with justice. It is logical for them to aim at making the Prosecutor's Office vulnerable.
I haven't heard anyone claim that the FBI is failing because James Bulger (a famous mob boss convicted of many murders – editor’s note) had been hiding in the United States for 16 years. Nor that the Italian authorities are failing because Marco di Lauro (a member of the Neapolitan mafia – editor’s note) had been wanted for 14 years. These people we are talking about have a huge media, political and economic resource and a range of the so called "mechanisms".
And they do basically a few things - they try to protect their money, solve their problems and consider themselves as victims. That is why they "hook" into each new case and try to compromise the Prosecutor's Office or separate prosecutors. They may not be welcomed, but we are the common enemy that unites them.
- Vasil Bozhkov claims that some valuables of his collection are missing and that he has been blackmailed. How would you comment on this?
- This is the court that decides whether someone is guilty. Everyone can defend himself in a way he thinks the most appropriate. In Bulgaria, as always, the possibilities for this exceed all European standards. And BGN 700 million (which is about 14 years of Christmas bonuses for retirees), and 18 indictments in two cases are strong impetus. Only the supervising prosecutor or the Minister of Culture, Mr. Banov, can comment on your question, if they wish.
As a Prosecutor General, I do not supervise cases, but set the priorities of the Prosecution. Nor do I keep material evidence in the National History Museum. I will only remind that one of the main points of the accused Bozhkov, for example, is that he is a dissident. However, I don’t know Dr. Zhelyu Zhelev or Dr. Petar Dertliev to have started their career from Magurata (a restaurant on Vitosha Blvd. before 1989, in front of which illegal currency trading took place – editor’s note), nor he was at the meeting with President Mitterrand.
I will not comment lies on confiscated valuables almost in boxes and so on. Goebbels' old tactic - a lie repeated a thousand times can become true for people. The goal of the oligarchs is to continue to do what they have been doing for 30 years, that is to say, to remain unpunished. But they should know that this time was over.
- Let’s move from the topic of billionaires to privatization. When will you announce the results of the inspection of the privatization deals, which you assigned to State Agency for National Security (SANS)?
- This page should be read and closed. The work that needs to be done is enormous; such an analysis has not been done so far. The economic analysis assigned to SANS must be followed by a legal one - to see whether a case has been initiated in each deal, how it has been solved, whether there has been an inspection, whether charges have been filed, whether there are acquitted persons, what crime is involved and so on. And that in terms of 7,000 deals.
The truth is that we slowed down a bit on this matter, because in the state of emergency the priorities were different. Now we are catching up quickly. By Friday (the interview was taken before that day) I expect a report from SANS on the first 14 privatization deals, the first of which is for the sale of „Kremikovtzi“ - the largest as an asset. Prosecutors will then make an analysis. From now on, the functions of the National Assembly and the politicians are the legislative changes that will provide justice and fairness for Bulgarian citizens.
To all citizens who were robbed for the account of some individuals who became millionaires overnight on their backs. Unfortunately, our analysis for now will not cover one huge segment - municipal privatization. So far, it has not been subject to a thoroughly inspection. We realize that all this is an almost an impossible task. But it is high time that someone do what is fair and what people want. The Prosecution and I will do our best. Then the politicians will be on the move.
- Did you watch the video clip about „Yerbata“, and how did you feel?
- Disgusted. I will say this and stop there.
- At the session of the Supreme Judicial Council (SJC) a week ago, you were impatient and quoted a sabotage handbook at the time of Nazi Germany, illustrating how a session of the supreme administrative body of the judiciary is hold. You also mentioned a man and his two associate ladies, in your words (Lozan Panov, Atanaska Disheva and Olga Kerelska – editor’s note), who hinder the work of the Council.
- I will clarify. Mrs. Disheva and Mrs. Kerelska, as well as Mr. Panov, recognized themselves. A small number of SJC members may indeed do their best to make the work of the plenum ineffective. I see exactly what is described in this so-called "Sabotage Handbook" described in the business portal "Business Insider". A problem that can be solved in 10 minutes takes a whole day. I have rational and irrational assumptions about the reasons.
The logical assumption is that this is how they nourish the ideological basis of the circle to which they probably belong. A circle, that I conditionally call, "anarcho-liberal" and whose ideology is built only on the problems (real or mostly imaginary) of the judiciary and especially of the Prosecution, combined with constant malicious reports to the European institutions. This may make them unique to the EU, and that explains their political success. Many other interests are intertwined here.
Perhaps these are political ambitions, definitely bigger than the aim to become a municipal councilor. The sad thing is that our fellow magistrates are certainly not satisfied with our efficiency and effectiveness. And they are right. The only solution I think is to stop live broadcasts and cameras. Then these people I am describing will suddenly lose interest in the work of the SJC.
- You say that the conventional crime makes you feel imbalanced. Is this the way to fight it - together with the Secretary General of the Ministry of Interior to go around the villages to inspire the people and assure them that the perpetrators, who are known to the locals, will be punished?
Thе statement I visit every crime scene across the country, is the following propaganda thesis that aims at making the Prosecutor's Office vulnerable. I visit such places whenever I have the opportunity. When I don't have any, the Heads of the local Prosecutor's Offices go instead of me. For the anarcho-liberal community, these may be petty cases. They write like this because they are rich and live on the yellow paving-stones. For older people, this is their life. People who have built what the others have scrapped and stolen, have the right to a peaceful old age, but not to be killed, beaten, raped and set on fire in their homes.
So far, this has not been a problem for anyone. But for me it is a problem and I can do a lot, or at least try. My goal is to show that the Prosecution, as part of the state, will try to protect them. As well as the local structures, including the Ministry of Interior should know that this is already the main priority.
Although no criminological analysis has been made for years, we know that this type of crimes аre committed by people and communities that have been abandoned by the state for many years, people without education, and hence without work and income. This, of course, may not be an excuse, but part of the reasons I have described. Now, it is not accepted to make analysis, based on the social and other origins of the perpetrators.
Criminology is a forgotten science. Today, the reason for this is called political correctness, before it was self-censorship. But I believe that we must first identify the problem, then the reasons, and finally to have willingness to solve it. Just as, the Prosecutor's Office finally solved the problem of the shameful for Bulgaria “Lukovmarsh”, this year. So we must frankly say that we are "producing" uneducated and primitive sociopaths. Like those who killed the woman in Ruse, the children in the villages of Sotirya and Galiche, the student from Veliko Tarnovo and so on.
There are also reasons for the problem not to be solved. The first is the abdication of institutions and parties, literally said. It is like in the parable of the country in which they killed their elderly people. No one is taking responsibility for the integration of these communities, many of which are perpetrators of such crimes. They use them only in elections. The second is the many NGOs and politicians who are literally feeding on the problem, and if it is solved, their funding will dry up and they will have no ideological basis.
They try to impose a distorted understanding that human rights are only those of the offender, the criminal, the thief, the murderer. What about the rights of victims? Why don't they protect them too? I will believe them when they go to visit an injured elderly person. But there is no money in this and it does not correspond to their ideology. I will try, within the framework of my laws and powers, to change this. It is clear to me what will be written about what I say. But this is true for much of the so-called conventional crime.
Yes, only the theft from the Corporate Commercial Bank, for example, amounting to several billion euros, was not committed by a Bulgarian citizen of Roma origin (the other legal term is Gypsy), or of Armenian, Turkish, or socially weak. Yes, all domestic thefts after the Liberation may be of lesser value only in this case. The consequences of it, as well as of other major crimes, are much more significant for the state and the citizens in financial terms, but this is not felt so directly by them.
In conventional crime, the victim directly, on his back, experiences the aggression no matter how little according to some is the stolen. And it is difficult to make comparison between money and human life. I, personally, at least don’t dare do this.
Autors: Borislav Zyumbyulev, Ana Mihova