Why is public trust in our judicial system low? The topic was commented on by the acting Minister of Justice Andrey Yankulov in the program “Why?“ with Zheni Marcheva.
„Look, inexplicable things often happen in the judicial system, which accordingly destroy trust in it“, said Yankulov.
He gave an example of the replacement of the Prosecutor General in 2023: „Until the moment this replacement occurred, Mr. Geshev was firmly supported by the plenum of the Supreme Judicial Council... and suddenly, without any explainable logical reason, they turned against him and he was very hastily replaced.“
According to him, this happened “with a rather controversial procedure“ and with the appointment of Borislav Sarafov “in a few hours“.
Yankulov commented on the SJC's refusal to consider his proposal: “Yes, I found myself alone, perhaps, institutionally... I found myself absolutely alone in the prosecutorial college, which absolutely unanimously decided that I could not even suggest that they appoint someone else from among the thousands of prosecutors.“
He emphasized that he would not give up: “Oh, no. Of course not. I will continue with all possible follow-up actions that are within my competence.“
The minister will appeal the decision: “Of course I will appeal. This is one of the options I have to continue the process.“
According to him, there is a risk of a “eternal temporary mandate“: “This tells us that in practice Mr. Sarafov could receive an eternal temporary mandate... This contradicts all the principles of the rule of law and good governance.“
Yankulov stressed that the problem is systemic: “The big picture will not change as a result... The problem with Mr. Sarafov taking up the position is a legal problem.“
He added that there is an institutional rift: “We have a situation where panels of the Supreme Court of Cassation... refuse to consider Mr. Sarafov's proposals because they consider him an illegal chief prosecutor.“
According to him, the solution is possible: “Only the prosecutorial college of the Supreme Judicial Council should simply determined by someone else from the thousands of prosecutors in the country.“
On the topic of “rotten apples“ and the investigations surrounding the “Eight Dwarfs“ Yankulov stated: “Today the situation has not developed particularly, let alone gotten worse.“
He explained why: “The state bodies charged with the authority to try to carry out the purge somehow failed to do so. The most reasonable assumption is that these networks have infiltrated the very top of these institutions.“
When asked whether the “marketplace for the future“ still exists, he replied: “Technically it may not be exactly the same marketplace, but until we have a purge... we cannot be convinced that this niche is not occupied.“
Yankulov also commented on the scandal surrounding the Bulgarian European Prosecutor. The head of the EP commented on the unlawful behavior of Teodora Georgieva “in three directions“: “I do not know what these three directions are. This is a disciplinary proceeding conducted by the European Prosecutor's Office. Teodora Georgieva has been temporarily suspended for more than a year now.“
He raised questions about Georgieva's meetings with Petyo Euroto: “The question here should not be focused only on Ms. Georgieva. Who was the other participant in this meeting? What exactly was discussed during the entire meeting?“
And he criticizes the reaction of the institutions: “Where is the prosecutor's office's comment? I can't imagine how such serious accusations are being made against such a high-ranking prosecutor and he can afford not to comment.“
According to him, it is key to have complete clarity: “Where is the entire recording? Where is the technical expertise of the recording? Is it cut? Isn't he cut?“
On the topic of public reactions, Yankulov said: “On the one hand, the case itself is very tragic, it is normal for there to be conspiracy theories.“
But he also highlighted an institutional problem: “The problem is in the institutional reaction in the first days.“
He criticized the behavior of the prosecutor's office: “Mr. Sarafov started throwing things into the public space on the second or third day. This led to political use of the case.“
According to him, this has undermined trust: “A large part of people will never believe the data provided by the institutions.“
In conclusion, the minister said: “Those who are leading the investigation can tell them the truth. This is the Prosecutor's Office of the Republic of Bulgaria.“