Velislav Velichkov is a lawyer and chairman of the independent civil society "Justice for Everyone". Alexander Detev spoke with him.
It is now certain that Borislav Sarafov will not be elected Prosecutor General - at least not now and not from this composition of the Supreme Judicial Council. However, why did deputies - GERB, "DPS - New Beginning", BSP and ITN - leave certain loopholes in relation to the temporarily governing the prosecution, the Supreme Administrative Court and the Supreme Court of Cassation?
Velislav Velichkov: Obviously, the government deal went over Borislav Sarafov's head. He will never become Prosecutor General - this was his chance. Perhaps in the desire to be too convenient, loyal and serve his patrons, he failed. The facts and circumstances that gathered against him, together with the negotiations for a government, made his election impossible. Sarafov cannot remain acting prosecutor general. That is why Deputy Prosecutor General Vanya Stefanova was expressly appointed. This is probably the future prosecutorial star - whether as acting or as a titular one. We also have to see when a new composition of the Supreme Judicial Council will be elected, because with the changes in the law, this composition can no longer choose either a prosecutor general or a chairman of the Supreme Administrative Court (SAC). There is one big loser from these changes - Borislav Sarafov - and one big winner - the chairman of the SAC Georgi Cholakov. In one of the votes, it was accepted that the former heads of the SAC, SAC and the prosecutor's office have no problem being acting. We can call it the "Cholakov" text.
Obviously, this is the agreement in the new government - that the status quo should not change. A harmonious voting of the parties of the future government - GERB-SDF, BSP and ITN - was seen, with the support for some texts of Dogan's MRF. For other texts limiting the powers of the acting prosecutor general, MRF-DPS voted with PP-DB, "Vazrazhdane" and MECH. The majorities were majorities of abstainers, that was the tactic - for almost all rejected texts there was a majority of abstainers from GERB-SDF, BSP and ITN, while only Peevski's deputies voted consistently against. This fig leaf is easy to notice.
Why is Cholakov such a valuable figure?
Velislav Velichkov: Because before the Supreme Administrative Court, the acts of the government are appealed - of the Council of Ministers, of ministries, regional governors, public procurements. That is where the contestation of elections takes place. This is actually the court that should defend citizens from the government - but during its last two presidents, it has become the court that defends the government from the citizens and their rights.
Mr. Cholakov himself likes to enter sessions, likes to be a judge on duty and somehow always ends up in the most significant cases and pronounces in a way that leaves doubts about serving the powerful of the day. As was the case with the laboratories of "Captain Andreevo", for example. He has a very strong influence both in the SJC and outside it. They are probably still looking for a place for him - because according to the changes, in four and a half months he will also have to vacate the post. And by then, another carved stone will have to be elected as the president of the SJC, and this is proving to be quite difficult.
However, for this purpose, the political quota in the SJC must also be filled. Do you see the capacity and potential to achieve a qualitative change in it?
Velislav Velichkov: I don't think anyone is looking for a qualitative change. There will be a quota distribution between the majority parties, something will be given to the opposition, but I have very strong concerns that the next parliamentary quota will also be chosen non-transparently. The opinion of the legal community - the professional guilds and the non-governmental sector - will not be taken into account, and people will be elected who will be under the control of certain parties and individuals. Through at least 2-3 parliamentary groups, Delyan Peevski will manage to get his people into the parliamentary quota, and the professional quotas will be elected in a controlled manner by the administrative leaders. Here, Mr. Cholakov's role is very strong and has already manifested itself. Perhaps this is why he remains in office.
Since the split in the MRF, we have seen how both the institutions and the justice system often work in favor of Peevski's wing and to the detriment of Ahmed Dogan's. Now that Dogan's party indirectly supports the government, will this change?
Velislav Velichkov: "Indirectly supports" is a good way to put it, because the party does not participate in the government. I don't know if it will get positions of power even in the second echelon of power. The important ministries will be entirely under the control of GERB, and the anti-corruption commission is entirely under the control of "DPS - New Beginning". If the prosecutor's office and the Supreme Judicial Council also remain under this control, and I don't see what will get them out of there, it may turn out that the supporters are in a losing position, since they can be pressured in a variety of ways. If they decide to withdraw by chance, the other DPS will always be ready to help. I think that the deputies of Dzhevdet Chakarov and Ahmed Dogan will get between a rock and a hard place and perhaps they should have been bolder in supporting the proposals under the Judiciary Law of the pro-reform forces, in order to limit the exclusive influence of the prosecutor's office and Mr. Cholakov. This would be beneficial to them. My prediction is that they will be the biggest loser.
I will allow myself a political question: Will the "Pro-reform forces" be in a more comfortable position as an opposition?
Velislav Velichkov: No, because they will be in opposition to those against whom they are putting a "sanitary cordon" - Peevski's MRF and "Vazrazhdane". The battle of who is more oppositional will turn into "who is more vocal". They will have to have a very flexible policy of behavior in the plenary hall with the bills, to enter the role of a constructive opposition that initiates good ideas, but stops corrupt policies.
Can they find allies - on the one hand, there are "New Beginnings" and "Vazrazhdane", which as you said are under "cordon sanitaire", on the other hand - BSP and ITN, which yesterday demonstrated behavior in sync with GERB?
Velislav Velichkov: ITN voted entirely with GERB yesterday. BSP still managed to impose the text that the Supreme Judicial Council with an expired mandate will not have the right to elect the three big ones and nominate them. ITN withdrew their proposals, because they were apparently advised to do so, and submitted almost all the proposals that repeal the PP-DB texts. My concern is that Peevski currently has four parliamentary groups in the National Assembly, three of which will form a government. The real opposition will be those who stand openly against Peevski and reveal the dependencies of the government and certain ministers publicly to the entire Bulgarian people, without worrying about the consequences. If they fail, their horizon may end with the end of this parliament.
How do you assess the figure of the possible future Minister of Justice Georgi Georgiev?
Velislav Velichkov: I have no observations. I have seen him at meetings in the legal committee, but I have not heard him speak. He was a former chairman of the Sofia Municipal Council from the closest circle of people who have influence there. And they are not the ones we think - Boyko Borisov is not the most influential, but people with certain nicknames who cross the political terrain, but some of them obviously worked in favor of Peevski in the last elections.
Who are these people - can you mention them by name?
Velislav Velichkov: The name of one person has always been around there - Orlin Aleksiev.
Also connected with Slavi Trifonov.
Velislav Velichkov: I don't know why the party "There is such a people" itself is called "the little DPS". I have a suspicion that the majority of GERB people who are responsible for legal and constitutional issues are closer to Delyan Peevski than to their own leader. In the legal committee, I carefully observe their synchronous voting and throwing out certain remarks. That's why I suspect that "the boy" holds a significant part of four parliamentary groups in the National Assembly.
It will soon be one year since the murder of Martin Bozanov-The Notary. This name is no longer mentioned often. Do you have any hope that something will happen in terms of unraveling these networks of influence?
Velislav Velichkov: I don't think anyone wants to unravel these networks. Then, under the enormous pressure of society and the interest of Bulgaria's partners, a commission was created, from which nothing came of it. In my opinion, an attempt will now be made to completely silence the topic of "families" in the prosecution and the judiciary - what happened with the "Eight Dwarfs", Petyo Euroto, the murdered Martin Bozanov, in order to preserve the lieutenants and colonels who played in these schemes, and to be able to continue playing under their next bosses. This is the huge challenge for both the opposition and journalists and civil society to not let these things be obscured. To demand a real investigation into the heavy dependencies of the judiciary and its intersections with the oligarchy and the mafia.
What can be done in this battle against the backdrop of political representation and weakened civic energy?
Velislav Velichkov: People don't believe that anyone can change anything. For them, everything is "assembly" and "deal" - these words have become fashionable. Truly free and intelligent people are very aware of what is happening, but they are waiting to see if there is a real alternative that will stand on their side in order to support it. They are waiting to see brave politicians with effective moves. Unfortunately, they cannot see them. On the contrary, they see secret agreements. The worst thing that reformist parties do is to enter into secret agreements with the shadowiest part of the political terrain - with Borisov's people. This must stop and they have a unique chance now to stop the secret talks and bring everything to light. If they don't succeed, there will be no vacuum in politics and others will come next. In my opinion, the secret corridors of the judiciary will be illuminated - if not now, then in a few years, there is no way. Everything secret at some point becomes apparent.