Cruelty, inhumane or degrading treatment on behalf of the government, serious problems with the independence of the judicial system and corruption in the administration – these are some of the conclusions of the report on Bulgaria of the US State Department on human rights for the year 2023.
Exceeded powers by the Ministry of the Interior
The report included examples of police arbitrariness and abuse of power in 2023.
A report by the “Bulgarian Helsinki Committee” (BHK) is cited, according to which one in four detainees (27%) suffered violence during their arrest, and 24% were subjected to violence in a police station. BHK claims that prison guards and police officers are rarely punished and notes a lack of convictions or sanctions for perpetrators.
In May, the police conducted an action against the distribution of drugs in a nightclub in Plovdiv, forcing nearly 400 customers inside to undress. In June, the Ministry of Internal Affairs sanctioned six police officers.
On October 10, the People’s Representative from “There is such a people” TOshko Yordanov accused the police of harassing and intimidating the protesting miners, calling them in for questioning during ongoing negotiations with the government.
On November 17, Prime Minister Nikolay Denkov dismissed Deputy Minister of Internal Affairs Stoyan Temelakiev due to numerous media publications about excessive use of force and police violence during the protest against the BFS on November 16 in Sofia. There was also violence against journalists.
The US State Department report also mentions the case of the girl beaten by policemen during the same protest and the interview with bTV of lawyer Polina Velcheva. ‘I was kicked in the stomach so I wouldn’t have children’: Shocking account of 19-year-old girl beaten by police at protest
Video footage of the protest reportedly showed a man lying on the ground surrounded by several police officers kicking him.
In response to the accusations, Nikolay Denkov asked the Ministry of the Interior to “quickly and as transparently as possible” identify the police officers who used violence, make their names public and impose maximum disciplinary penalties against them.
The judicial system
The constitution and law provide for an independent judiciary, but corruption, inefficiency and lack of accountability are serious problems affecting the independence and impartiality of the judiciary. The independence of the judiciary was compromised and public confidence in the judiciary remained low as magistrates were susceptible to political pressure.
On May 30, the non-governmental organization “Anti-Corruption Fund” published an interview with the ex-wife of Petyo Petrov-Euroto – Lyubena Pavlova, in which she claimed that her ex-husband influenced prosecutors through bribery and influence peddling, extortion and incentives for career development.
According to Pavlova, high-ranking government officials knew about Petrov’s activities and also participated.
On May 31, the Sofia District Prosecutor’s Office announced that an arrest warrant had been issued for Petyo Evroto on charges of participation in extortion and illegal surveillance and wiretapping. Since November, he has been wanted by Interpol, Europol and the Schengen Information System.
Corruption
According to a study by the Basel Institute for Governance published in May, the judiciary, the public health system and the police are the most affected by corruption. The creation of a mechanism for accountability of the Prosecutor General and his deputies is considered.
In its July report, the European Commission called the new legislation a positive step, but noted a “continuing problem” of low effectiveness in investigations and weak effectiveness in prosecuting and final convictions in high-level corruption cases. The EC claims there are serious legal gaps in the integrity of people appointed to senior executive positions.
The Bulgarian office of Transparency International claims that the lack of transparent use of public resources, attacks on civil society and unregulated lobbying in the legislature are factors contributing to corruption. According to the Anti-Corruption Fund, the real scale of corruption at the highest levels of government remains hidden due to the high percentage of acquittals in corruption cases.
Pressure on journalists
In the World Press Freedom Index for 2023 of Reporters Without Borders, intimidation by politicians, as well as administrative and judicial pressure against publishers and journalists was identified as a common practice in Bulgaria.
In April, the Association of European Journalists (AEJ) announced six civil cases, each for BGN 10,000 ($5,400), against investigative journalists Dimitar Stoyanov, Atanas Chobanov and Nikolay Marchenko in connection with their articles alleging corruption practices in road infrastructure construction.
Journalists and publishers have often been victims of wrongful litigation. The anti-corruption fund notes that while most cases against journalists ultimately end in acquittals, so-called “slap” cases increase self-censorship among 25 percent of journalists and contribute to a “vulnerable media environment.”
Amnesty International cites research by the Association of European Journalists in its 2022/2023 report, which shows that one in ten journalists have been threatened with legal action. An Amnesty report notes that “journalists and human rights defenders living outside the capital Sofia are particularly vulnerable to intimidation.”
In March, online news site Mediapool reported that an insurance company had sued for defamation over a September 2022 publication that described a government meeting citing a transcript in which a minister mentioned the company’s debt to a multinational insurance scheme.
The insurance company claims one million BGN compensation. A Mediapool editorial insisted that the article accurately quoted a statement from a minister at the meeting and provided an accurate account of the transcript of the meeting, concluding that the sole purpose of the lawsuit was “to intimidate the media and the entire journalistic community.”
As of November, the case was pending in the SGS. The Association of European Journalists commented that the case was a “classic example of SLAPP”, noting the “record high amount” of the claim.
Tags: USA Bulgaria Problems corruption justice police arbitrariness
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