Bulgaria’s judicial system faces a critical test as a new complaint alleges misconduct by Borislav Sarafov, who remains in the role of chief prosecutor despite questions over the legality of his continued tenure.The complaint, filed as Anton Urumov begins his duties as the newly appointed special prosecutor for investigating the chief prosecutor, centers on actions taken after a legal ruling questioned Sarafov’s authority. this case marks the first opportunity for Urumov to demonstrate independence adn address concerns about political influence within the Bulgarian prosecution service, a system already under scrutiny from international observers and facing pressure for reform. The complaint specifically alleges obstruction of justice and attempts to discredit the judiciary following the September 2023 ruling.
A new complaint filed against Borislav Sarafov, who continues to present himself as Bulgaria’s chief prosecutor, could become the first case handled by Anton Urumov, the newly appointed special prosecutor tasked with investigating the country’s top prosecutor. The complaint alleges Sarafov committed crimes while in office and obstructed justice.
The filing asserts that a number of Sarafov’s actions as chief prosecutor became unlawful after September 18, 2023, when the General Assembly of the Criminal Division of the Supreme Cassation Court determined his powers as acting chief prosecutor would expire by July 21, 2024. The dispute centers on the interpretation of a law requiring the acting chief prosecutor to be replaced every six months.
Sarafov assumed the post in June 2023, and the six-month period stipulated by the rule concluded on July 21, 2024. However, the Prosecutor’s College of the Supreme Judicial Council ruled that Sarafov was in a transitional position and the law did not apply to him, but rather to the next acting chief prosecutor. This decision has fueled accusations of overreach and a disregard for legal limitations on his authority.
The complaint cites several instances of Sarafov’s actions following the Supreme Cassation Court’s ruling as evidence of wrongdoing. On October 3, after the court’s position on his mandate became known, a statement was published on the prosecutor’s office website claiming the Supreme Cassation Court was attempting to achieve illegitimate goals, manipulating public opinion, and pursuing political objectives. The complaint alleges this was an attempt to discredit the judiciary.
Ten days later, Sarafov requested the recusal of Judge Miroslava Todorova, who was scheduled to rule on a case connected to him. This move raised concerns about potential interference in the judicial process.
In November, Sarafov also called for the exclusion of all members of the Union of Judges in Bulgaria from the selection process for a new special prosecutor, suggesting a fear of independent oversight.
“Borislav Sarafov used the de facto usurped official position and the institutional resources of the chief prosecutor and his administration in a way that undermines the independence of the judges – the primary bearers of judicial power – as well as the effectiveness of the mechanism for investigating the chief prosecutor, which was created precisely to eliminate the actual influence of the investigated subject,” the complaint states. The case underscores the ongoing tensions within Bulgaria’s judicial system.
The complainant is requesting that the new special prosecutor, Urumov, obtain information from Sarafov, including files he previously submitted to the Judicial College of the Supreme Judicial Council – concerning investigations into judges, the use of special intelligence measures in operative investigations, and whether any of those judges are on the list of potential candidates for the next special prosecutor.
The complaint also seeks access to files related to the networks of influence of Petio Petrov – known as “Euroto” – and Martin Bojanov – “Notarius.” The complainant alleges Sarafov used these investigations to exert control over judges and prosecutors. “All prosecutors are obliged to cooperate with the special prosecutor. You should not ‘request’ the assistance of the Sofia City Prosecutor’s Office, but should demand the provision of these files,” the complaint emphasizes.
If Urumov is found to be involved in any of these files, the complainant argues it would be a “cardinal, unconditional ground for recusal.”
On January 26, the Supreme Cassation Court updated its list of signals received by the institution. It revealed that two complaints have been filed against Sarafov, referred to by the court as the “de facto acting chief prosecutor,” since the beginning of the year. No decisions have been made on either complaint – whether they will be handled by the special prosecutor or referred to the Sofia City Prosecutor’s Office.
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