Sofia City Prosecutor's Office issued a position regarding the information of the Anti-Corruption Fund, published today, in which it is announced the election of Margarita Nemska, wife of Emil Piskov, former employee of the Ministry of Internal Affairs and the State Department of Social Security and partner of Martin Bojanov - the Notary, as judge reporter in a secret administrative case at the Administrative Court – City of Sofia (ASSG), on which the Notary's widow is a party – Gergana Bojanova.
"Regarding information released by the Anti-Corruption Fund (AKF) on 29/03/2024 with the title “SGP Leaks#6: Did Judge Nemska hear the secret case about the access to classified information of the Notary's wife being revoked? Bonus: Photos from the apartment of Piskov and Nemska in Barcelona“, which claims the following: "The Anti-Corruption Fund (AKF) published today a protocol that reflects the random selection of Margarita Nemska as a judge-rapporteur in a secret administrative case at the Administrative Court-Sofia city (ASSG).
According to two independent sources, one from the Sofia City Prosecutor's Office (SGP), this is the secret case of Gergana Bojanova – wife of Martin Bojanov – The notary for having access to classified information taken away from her. Deprivation of access was the reason for her release from the Main Directorate “Combating Organized Crime” – Ministry of the Interior (GDBOP). The case was assigned to judge Margarita Nemska, who ruled in favor of Bojanova. Its decision was also confirmed by the Supreme Administrative Court (SAC). Given the secrecy of the case, documentary confirmation of the information with absolute certainty by the ACF is impossible.“
The Sofia City Prosecutor's Office (SGP) states that it has not provided official information regarding the data presented by the ACF.
In connection with the pre-trial investigation to establish the criminal activity of Martin Bojanov and to check data provided by the GDBOP-MII, information has been requested from the Administrative Court - Sofia City about administrative cases initiated in the Administrative Court of Justice with G. Bojanov as a party . From the information provided by the ASSG, it is clear that the ASSG has a case against the complainant G. Bojanova, which is against Order No. 8121К-9226/29.07.2021 of the Minister of the Interior, which terminated her legal relationship as a state an employee in the Ministry of the Interior. The judge-reporter in this case is not judge M. Nemska.
In order to avoid misleading the public and spreading false information, we consider it necessary to indicate the legal procedure for appealing a refusal to grant access to classified information. The procedure is clearly and precisely regulated in the Law on the Protection of Classified Information (LAPA). According to Art. 62 et seq. PPE, the refusal to issue a permit for access to classified information can be appealed to the State Commission for Information Security (SCIS), whose decision is subject to appeal to a three-member panel of the Supreme Administrative Court (SAC). YOUR decision is final.
The legal competence of the court is not determined by “secrecy” of the case to claim that: “due to the secrecy of the case, documentary confirmation of the information with absolute certainty of ACF is impossible.“ In this regard, there is no way for a judge in the ASSG to consider a case under the jurisdiction of the Supreme Court. These facts are visible from the regulatory framework itself, and are not brought out when familiarizing with materials on a specific secret case," the prosecutor's office reported.