The Varna Court of Appeal rejected as unfounded the appeal of the mayor of the Municipality of Omurtag against a decision of the Commercial District Court, with which he was removed from office at the request of the prosecutor's office, BNT reported.
Eshref Eshrefov is accused of participating in an organized criminal group for committing crimes while on duty.
Earlier this month, he was also indicted for, from October 2019 to May 2022, in the context of a continuing crime in complicity with Hassan H. and Mehmed M., for the purpose of procuring for himself and for the other's benefit, deliberately persuaded Mehmed M. in his capacity as deputy mayor to violate his official duties by awarding public contracts to companies that provided the performance of activities to a company owned and managed by Hassan H. From the acts there have been significant harmful consequences for the Municipality of Omurtag.
The representative of the Appellate Prosecutor's Office emphasizes the new charge – it was carried out in connection with the position of the accused. For this reason, his removal will ensure the full and comprehensive clarification of the circumstances of the case, and he will not have the opportunity to influence witnesses who are officially subordinate to him.
Eshref Eshrefov's lawyer believes that the evidence does not lead to the conclusion that his client influenced, tried to influence witnesses, or prevented the collection of written evidence. On the contrary, since the beginning of the criminal proceedings in September of last year, he has assisted in the provision of documents from the municipality.
The court recalled the requirements of the law in this procedure: 1. that the person has been involved in an intentional crime of a general nature and 2. that it is considered that his official position will create obstacles for the objective, complete and comprehensive clarification of the circumstances. In this case, the charges brought meet the terms of the CPC – the crime is intentional and of a general nature. Its nature and the mechanism of the act are related to the work of the accused. It was his powers that enabled Eshref E. to influence his deputy. Some of the witnesses are his subordinates. Despite the collected evidence, the upcoming investigative actions are not clear, which reveal the possibility of collecting new oral and written evidence. That is why the official position would be an obstacle to the complete clarification of the circumstances. Therefore, both prerequisites for removal from office are present.
The Court of Appeal drew attention to the misconduct of the accused – he violated his "house arrest" remand. On the other hand, the fact that he is on leave does not terminate his powers as mayor. With these arguments, the appellate court confirmed as correct and lawful the ruling of the Commercial District Court for the removal from office of the mayor of the Omurtag Municipality. The judicial act of the Court of Appeal – Varna is not subject to appeal, the press center of the court explains.