Pöördumine

Riigikohus I { -ll- 2018 i: l,-l ; ' li I 1..1 Lr | i ilrlR i ill | .,!\l\t ia )\j saadud * *.:.1. .!.{..;.6 6 f tA,% lft /o z.n! Mr. Priit Pikamae President of the Supreme Couft of Estonia 17 Lossi Str 50093 Tartu Estonia Dear Mr. Pikamae, Please allow me to present at your attention some moments of my work as a president of the Supreme Court of Cassation of the Republic of Bulgaria with which I will illustrate why the rule of law in our country is under a threat. Evefihing began in the beginning of my mandate in 2015 when I stood up for a change at the management in the biggest district court in Bulgaria - Sofia City Court. The problems at the management of the court have been exposed, and behind them there was a monstrous corruption. Conclusions, which until today have no consequences, just the contrary the involved magistrates one after the other ahead in time have been completely rehabilitated. Because, as usual the politicians again suspended the action of the Supreme Judicial Council. I Since then in the course of almost three years have been put under unprecedented attacks. Actually I had been pulled the first stitch which could unknit the politic - judicial dependences. The discloser of a new management showed that Sofia City Coutt had become a subsidiary means for theft of companies as well as distributing of indulgence for corrupted politicians. I did not have a genuine idea to what extend had been reached mastery of the court until I become a president of the highest judicial instance. To be neutralized I became an object of unheard interest in media of a mysteriously enriched politician whose aim was to demonize the public image of the president of the Supreme Couft of Cassation through lies and manipulations. When people don't believe in nobody there is no better ground to preserue the status quo. A significant market share of this media is ensured by the tesources of tlre European funds. I was very anxious not for myself, but for the fact that this campaign will serue for edification for all Bulgarian judges and will paralyzed the system even more. The l35-anniversary of the Supreme Court of Cassation was one good occasion to which I could declare openly what I was thinking and to call on my colleagues to say "no to the fear". I allowed myself also to express openly my disappointment regarding the cut off the judicial reform through changes in the Bulgarian Constitution which had been happened a month earlier. My speech had been spread fast in the social networks and in front of the Palace of Justice hundreds of citizens had started to gather to express their support. I had been out with my colleagues so I could be with them. After that as a result there had been an inspection from the Ethic Committee of the Supreme Judicial Council with which I was threaten by impeachment. I did not break down to that.  I did not break down also in the day when I received a warning telephone message from the Bulgarian Prime Minister during the session of the Supreme Judicial Council while I persisted for inspection regarding published in the media secretly overheard record of a conversation between the former president of the Sofia City Couft and her colleague. The record incriminated the Prosecutor General Sotir Tsatsarov to cover the abuses at the court and also reviled the merits of the Prime Minister to preserve the dependence of the judiciary. I announced immediately the content of the SMS before the members of the Supreme Judicial Council and I insisted to know who of them had informed the Prime Minister regarding the course of the discussion. The name of this magistrate until today remains unknown but on the other hand at the building of the Council with the speed of lighting the Prime Minister arrived only to be welcomed by my colleagues raised on their feet. Remained seated, I did not break down and I moved forward. The reaction of those media which supported the government did not late. I had been declared to be a perpetrator for a suicide of a judge who I have never had the honor to be acquainted with. Despite my tenaciously insistence, the Prosecutor General without none arguments had denied to inspect the statements of majority owner of a bankrupt fourth largest bank in Bulgaria in 2013 who in one of his interviews described the participation of high politicians in the privatization of "Bulgaftabak" and the distribution of inheritance of KTB. Against me immediately stafted an inspection from the Committee for establishment of conflict of interest on a base of a completely insinuate case. I did not break down also when in front of the building of the Council young masked men that held in their hands freshly cut bloody lamb heads, expected me. The police of course took no measures to that, because it was also a paft of the problem, not its resolution. The reason of this "warm welcome" was that I insisted that the Prosecutor General must give an explanation for his meeting in an office of his friend, a big businessman and politician, on which attended also one other businessman, who beside of his other business is also a publisher of a daily newspaper that has critical review against the government. The publisher complained publicly that he had been threatened. Please find enclose a photo from a battle scene that has been another shock and terror for my family. But in Bulgaria still do not exist a control mechanism against abuse from a paft of the Prosecutor General. In the meanwhile my wife, who is a journalist but not like those who did not spend their time and effofts with its own critic to change our country to be a better place, has been declared by the media, which serued the government, to be a person with a criminal record and the Ministry of Interior confirmed "her registration" at the police register. During couple of months in a row she has been a victim of a mass discredit with lies and manipulation campaign. TV cameras waited for her in front of our home as well as in front of the editor's office of the newspaper. Please find enclose also the last copy of a newspaper that she is in charge of because it could illustrate in a best way with what she deals with. When I did not break down again there is passing to the next stage: the physical threats. I was at the official trip on the way from Sofia to the province when my driver and I heard a noise from the office car that is a part of the carpark of the National Service for Protection. The driver established that the bolts of one the back tyre of the Mercedes had been unrolled. The inspection from the Service and Prosecutor's Office established that they t'become unrolled" by themselves ...by the movement of the wheels. I refused the seruices of the National Seruice for Protection even though it is my due by the law to have one, since with such a protection it would be safer to move without protection.  During Christmas people usually get telephone calls with best wishes. I welcomed the holiday with threatening messages that I still kept, since the president of the highest judicial instance in a well mastered country has no one to complain. In cases like this I had been thinking how my countrymen cope and the statistics for those Bulgarians that left the country gave me the correct answer. I tried not to worry my family, but I have no way to save to my wife the way I had been called from the bushes "American urinal" while we had a walk in Vitosha mountain. The listed so far is only a small paft of my life as a president of the Supreme Court of Cassation. As an administrative head of the institution I had been inspected from all administrative authorities on every possible and impossible administrative cases. Today the attacks against me are going into a new phase. This time, at the sulivor that I had participated, they prepared to me a hilarious inspection act from the tax authorities that I dare to claim unconditionally execute the order of the persons mentioned above. A put-up occasion during the last year against me stafted a full preliminary tax inspection. After three months it had been finalized without establishment of any violations only to start again a month later a full tax inspection. With regard to this please allow me to present to your attention a translation of a publication form "Capital" newspaper. After the end of the preliminary inspection the same inspection had been stafted also regarding my wife and it had been finalized yet. While my wife filled declaration to reveal a bank secret, i.e. on a preliminary inspection had been done almost nothing, she received an order for inspection. The remarkable thing is that a day before every session of the Judges College of the Supreme Judicial Council on which there were a very important issue to be solved, my wife received a new request from the National Revenue Agency to give explanations. The dead line of the finalization of the inspection had been extended three times and in October parallel with the present of my inspection act, she was informed that the inspection is about to be finalize on so called special order. The details from my inspection act shows only one thing: hardly there is a Bulgarian citizen who would be accurate if he or she tries to make a stand against the - politic judicial fellowship. Even out of every worldly logic the results from the inspection of the National Revenue Agency achieved the purpose that I become an object of inspection from the anti-corruption committee and/or prosecutor's Office which would be a reason for my remove from my post. Lately, there is discussion about the problems at the judiciary of other member - states of the European Union such as Poland, Hungary, Romania and no one talks about the problems that Bulgaria have at the same area. Probably the reason is because Bulgaria in contrast to the others, could not boast with special achievements. It is a fact that in every one of those countries there is a different approach to surmount the rule of law. The methods that had been used by the Bulgarian politic - judicial fellowship are also according to our own criterion. I reckon that the European Commission is standing on a completely wrong way when gives all the hopes to the new anti - corruption authority Committee for Combating Corruption and the withdrawal of illegally acquired property. With a view of the characteristics of Bulgarian realities this institution is on the way to become a tool that will help the autocracy to be established. It is impossible that the fight against corruption shows results when in Bulgaria there is no strong opposition, no independent journalism (which is impossible to be brought all of it) and regarding the "independence" of the judiciary I think I have said enough. The ambition of politicians to impose dependent person at the highest levels of the judiciary actually aims to be put up an umbrella over them and to take away by force the umbrella of their opponents. But this is a soft of a system that could not be working selectively - the system either works or not works. With the present letter I would like to address to you and to express my tremendous concern that despite the past unsuccessful attempts to take the law in its hands against me, the political - judicial fellowship will strive at any cost to bring all this to an end so that could achieve one bigger aim: all the measures against me to be a warning to everyone who could be thinking to go on my way. Sincerely, Lozan Panov - President of the reme Court of Cassation of the Republic a