The arrests of the mayor of Varna, Blagomir Kotsev, and two municipal councilors caused a serious public outcry and protests, but also raise a number of questions from a legal and political point of view. In the studio of “In Focus” the former director of the National Investigation Service and former acting Prosecutor General Boyko Naydenov, as well as lawyer Lyudmi Orangelov, commented on the case and the procedures surrounding it.
According to experts, it is unusual and problematic to change the jurisdiction of a case at the last minute, as it was moved from Varna to Sofia for consideration.
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According to Boyko Naydenov, such a move from the Varna District Court to the Sofia Court contradicts the previous practice and raises doubts about new “procedural“ methods. He pointed out that the investigation should have begun with a targeted collection of evidence, the use of technical means and interrogations, before an arrest was made, and the fact that after eight months of investigation no definitive evidence has been collected raises serious questions.
“So far, we have not allowed ourselves to change the jurisdiction. I mean, while the case was going on, it should have been heard in the Varna District Court and handled by the Varna Prosecutor's Office. Now it seems that things are reversed, they are going backwards and there is something strange. I am skeptical that the mayor of Varna, Blagomir Kotsev, will receive a conviction, since the possibilities for collecting evidence have been exhausted“, said Naydenov.
Attorney Orangelov pointed out that in such cases, there is often an unlawful transfer of cases to Sofia, which, according to him, is related to attempts to circumvent the local legal environment and control. He drew a parallel with an old case, in which there was also a transfer of jurisdiction for the purpose of “isolation“ of the case by local magistrates.
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Both experts expressed skepticism about the possibility of the prosecution proving the guilt of the accused, emphasizing that there are no protected witnesses and convincing evidence, except for a statement by a woman and “secret recordings“ of unclear origin.
“This is one of the cases in which the prosecution starts investigations that it will not finish favorably“, said Naydenov.
According to him, there is no “I withdraw my testimony” procedure. According to him, a new interrogation should have been held. The investigating authorities should have found him the same day he retracted his testimony and interrogated him.
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“The criminal-legal future of this case is favorable. The most important thing is for Kotsev to be acquitted. I think this will happen, but after some time“, said lawyer Lyudmil Rangelov.
On the other hand, the fact that the arrests were imposed on the grounds that the accused could commit a new crime or influence witnesses was also highlighted, which, according to lawyers, is a formal reason and is often used to extend detention.
The lawyers also warned of possible political dimensions of the case, but emphasized that such claims must be supported by evidence. There is no clear information about which political force is behind the investigation, which leaves the question open.
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Experts expressed the opinion that despite the existing procedural problems and confusion, the judicial system will probably rule with an acquittal. They pointed out that this case could remain a symbol of “political noise“ and unclear procedures, until society and the state suffer damages.