Some time ago in FACTS, we introduced you to a strange case that is undergoing its development, and the saga will reach court. Because… A signal was sent to the editorial office of FAKTI, which was also addressed to the Minister of Transport and Communications and to the chairman of DANS. It is about the dismissal of an employee.
What is the saga
What we read in the alert: “In order to carry out an urgent inspection on your part, we are informing you of an alleged serious violation committed by the Head of Inspection "Internal Security and Civil Protection"; and "Information Security" employee to DP NKŽI. The violation in question includes the creation by her of a document (report) containing false circumstances about checks carried out by DANS employees at a strategic railway site. node Plovdiv on 04/05/2024. They found serious violations and gave orders for their quick removal.“
And here comes the main question, namely – Did DANS carry out such an inspection? Because according to employees of NKŽI, who were at work on April 5, there is no such check…
What else we read in the report: “The same report with false circumstances of an inspection carried out and orders given by employees of TD DANS Plovdiv was used to demand disciplinary responsibility, as well as the removal of the Head of the Internal Security Sector and civil protection“ region of Plovdiv to the DP NKŽI on 21.06.2024.“
Is there a DANS check, or does anyone use DANS to motivate themselves and do something…
We sent letters to DANS and NKŽI with questions:
1. Was an inspection carried out by DANS on April 5, 2024 in the "Internal Security and Civil Protection" Directorate? of NKŽI?
2. If it is carried out, has a report been issued? To whom is it delivered, what prescriptions are recorded?
3. If no verification was carried out, are you aware of the fact that in a report of the head of the Directorate “Internal Security and Civil -" NKŽI Plovdiv is cited such an inspection, on the basis of which employees of NKŽI Plovdiv were dismissed?
4. Signals about the “check" were sent to DANS and the Ministry of Transport. Are they being worked on?
Here we must specify that the existence of a structure named “Directorate “Internal Security and Civil Protection" in DP NKŽI “Plovdiv" there is none, and initially this was the reason for us to receive a refusal of answers from the DP NKŽI. This led us to censor the matter, referring to the Inspection “Internal Security and Civil Protection" of the Railway Section Plovdiv to the State Enterprise "National Company "Railway Infrastructure" (DP NKŽI).
And we waited for answers
After having a long correspondence with NKRI on how to release an application for access to public information, we finally received an answer.
In it we read (from 26.7.2024): On the basis of Art. 28, para. 2 and in conjunction with Art. 4, para. 1 and Art. 38 of the Act on Fair Public Information and in connection with an application for access to public information received by the DP NKRI with entry no. No. ZDOI-13/12.07.2024 by Kalin Kamenov journalist Facts bg
DECIDED:
1. I Refuse to provide access to the requested information from an application for access to public information ent. No. ZDOI 13/12.07.2024 received at DP NYUKI for the following reasons:
By Decree No. 181 of the Council of Ministers of 20.07.2009 on the determination of strategic objects and activities that are important for national security, in Art. 1 (1) the strategic objects and activities that are important for the national security of the Republic of Bulgaria and that are part of the critical infrastructure are determined in a unified list according to the annex.
After which follows Appendix to Art. 1, para. 1 list of strategic objects and activities of importance to national security, the strategic objects of importance to national security are defined, section VII. Sector “Transport", item 2. Strategic objects:
2.6. Railway junctions Sofia. Plovdiv, Gorna Oryahovitsa, Varna and Ruse.
And so on. We are attaching the entire opinion as pictures. With that, for NKŽI, the matter is closed. They don't respond, refuse, etc. Whether there was a DANS check on April 5, 2024 - it is not clear. But this is what they write from NKŽI…
And what DANS answered us
Regarding the specific questions in an application, ent. №RD-2156/02.07.2024 we read:
Insofar as DANS does not have information about the existence of a structure named “Directorate “Internal Security and Civil Protection" of NKŽI Plovdiv", we assume that your questions refer to the "Internal Security and Civil Protection" Inspection. of Railway Section Plovdiv to State Enterprise "National Company "Railway Infrastructure" (DP NKŽI).
The answers to questions 1 and 2 follow:
The powers of DANS to carry out inspections are regulated in specific provisions of the Law on the State Agency "National Security", the by-laws on its implementation, the Law on Countering Terrorism, the Law on Measures against Money Laundering, the Administrative Procedure Code and the Law on Judicial power.
IN THE FRAMEWORK OF ITS AUTHORITIES ON 04/05/2024 DANCE HAS NOT CARRIED OUT AN INSPECTION IN THE INSPECTION OF "INTERNAL SECURITY AND CIVIL DEFENSE" ON RAILWAY SECTION PLOVDIV TO DP NKŽI.
Regarding question 3:
In the event that such a report exists, DANS is not aware of it.
Regarding question 4:
DANS has not received any signals related to the issue.
Having taken into account the factual grounds discussed above, on the basis of Art. 28, para. 2, in connection with para. 1 and Art. 34, para. 1 of ZDOI,
DECIDED:
1. I AUTHOR grant FULL access to the public information on questions 1, 2, 3 and 4 set forth in the factual part of this decision. No costs are payable for providing access, etc.
And what comes out - WITHIN THE FRAMEWORK OF ITS AUTHORITIES ON 04/05/2024, DANCE DID NOT PERFORM AN INSPECTION IN THE INSPECTION "INTERNAL SECURITY AND CIVIL DEFENSE" ON RAILWAY SECTION PLOVDIV TO DP NKŽI.
And also DANS allow access, and NKRI…
And from all of this, it may follow that the DANS checks, if they wish, which employee of the NKŽI dares to refer to an uncompleted check of the DANS,
to create a report based on which to fire a person because "violations have been found".
In the report to FACTS, it was written that DANS did not carry out an inspection, DANS informed us that they did not carry out an inspection, and NKRI… denies access to information. It's interesting – right.
If Minister Gvozdeikov decides to solve the case, because the former general director of NKŽI, Maria Genova, signed the order to refuse public information and is familiar with it, we would provide him with our correspondence. It is in order to understand how someone refers to “verification” A DANS that was clearly not done to create a report on which to release a person. Genova is no longer the general director because she was asked to resign. And the new general director is Eng. Stoyan Stoyanov. And we can provide him with all the correspondence if he wants to familiarize himself with the case study.
