The evidence collected in the case of Ceyhan Ibryamov is not legal, because criminal proceedings cannot be conducted against a member of parliament and a candidate for one, without his immunity being removed by both the CEC and the National Assembly, and the first actions against him were carried out before that.
This is what lawyer Mihail Ekimdzhiev, founder of the Association for European Integration and Protection of Human Rights, told the BNR.
"Because of this, he neither should have been detained by the Sofia City Court (SGS), nor does this evidence have any chance of standing up in court", he specified and pointed out that "these cases are not done these people to be convicted, but to be repressed and terrorized through detention, endless trials, ruining their reputations, thus wringing their hands and abusing the institutions.
"With immunities, the rule of law defends the supreme value of democratic societies, which is representative parliamentary democracy. I.e. People's representatives and candidates cannot feel threatened by blackmail, pressure and abuse by the police and investigators. Therefore, a certain compromise is made, as the legal state says in its Constitution that it will take the risk that some crimes will remain unsolved and some criminals will not be punished - in the name of a higher value, which is parliamentary democracy and the independence of the people's representatives. Because if a deputy is threatened by malicious detention and investigation against him, he cannot express the authentic will of his constituents and the sovereign. And this is the foundation of democratic states. And that's why the compromise is that a representative of the people can exceptionally be criminally prosecuted only in case of a proven crime, because only then the prosecutor's office and the police cannot manipulate evidence.
He defined the removal of the immunity of a deputy and candidate for deputy as a coup against the Constitution and the Republic, carried out by the prosecutor's office.
In his words, in the case of Ceyhan Ibryamov, there cannot be a proven crime, which "a long time before through the SRS and special witnesses, the accused Miroslav Todorov, were controlled, and it is not excluded that they were provoked to this , for which Mr. Ibryamov is accused":
"A person (Miroslav Todorov - b.r.) who only a month or two ago was detained by the authorities and whose fate depends on the prosecution, which is now obviously interested in the trial against Ceyhan Ibryamov. Not to mention that inspector from KPCONPI, who by definition cannot be a witness. ... This witness has so far recounted in court what he heard through illegally used intelligence".
The lawyer pointed out that the easiest crimes to stage are throwing the marked money or a drug.
Ibryamov's measure from SAG is subject to appeal before the Court of Appeal - Sofia, said Mihail Ekimdzhiev and expressed expectation:
"SGS fails the independence and impartiality test. If there is a court, it will accept that all these fabricated evidences and the two clumsy witnesses and the SRS were used in violation of the Constitution because of the immunities of Mr. Ibryamov and it should declare all these evidences and the procedural actions of their collection unconstitutional and release him immediately. Sooner or later, he will be acquitted and the case against him will be dropped, and we will again pay like meek idiots, because of the fun of those people with the chicken that the prosecutor's office has turned into.