The European Court of Human Rights in Strasbourg has convicted Bulgaria of an appeal by Nikolai and Evgenia Banevi. The Reception Council, if detained, violated the right to liberty and security to comment on another six of the specialized prosecutor’s office, and currently Chief Prosecutor Ivan Geshev violated the presumption of innocence.
The court is present that 13,800 euros in compensation and their legal costs of 6,000 euros have been paid, which became known by the solution.
Nikolai and Evgenia Banevi were arrested in Nice on October 26, 2018 in the presence of their three minor children. At the time, they were wanted and detained on a European arrest warrant. A specialized prosecutor’s office accused him of participating in an organized criminal group for tax crimes, money laundering and embezzlement.
A few days after their arrest, Geshev said: “This case will be examined, I may suspect that many cases of this case will fall apart, but this case will examine this thing that describes you and the so-called Bandit privatization, I do not know whether introduced to be “privatization” the right word – everyone has an answer to this question Because the money, which is no secret, which are from “boned” enterprises, went to offshore areas, to offshore accounts. We have found original documents and for us it is valuable. It will be interesting for you a lot of gold, jewels – diamonds are given, are there any other stones – we will judge as a result of expertise, but the volume is consuming. enterprises – they have been transformed into what you will see in the photos on the website of the Ministry of Interior. “The decision of the court in Strasbourg comments on and monitors the next prosecutor in the case – Maria Doycheva.
“For the first time, Bulgaria has speculated, shown to its chief prosecutor, who in any normal and legal state will be followed to embody the rule of law and justice,” he told Sega newspaper lawyer Mihail Ekimdzhiev, who is the family’s lawyer in the case.
According to him, “in a case that deliberately violates, whatever that means for Ivan Geshev, a constitutional presumption of innocence, which he implements and compiles under Article 282 of the Penal Code (abuse of power).”
With regard to Ekimdzhiev, the enforceable decision is “a great occasion for the valiant and independent Bulgarian prosecutors, who comply with the Constitutional Judiciary and, according to the home page, can easily investigate it when there is” enough evidence “within the meaning of the Criminal Procedure Code. Is there convincing evidence of this from the decision of the ECtHR, which establishes that the chief prosecutor is not in excess of his powers, both the Bulgarian Constitution and the Convention on Human Rights have been violated, “said the human rights activist.
The Strasbourg court recorded in its judgment cited by news.lex.bg, that “it is true that the two prosecutors spoke of the investigation in question and provided details of the perpetrators, the charges against the applicants and the impact on their activities vis-à-vis the company. The court considered that it is not allowed twice prosecutors over transfer simply transfer of information about the criminal investigation. In particular, a very slightly nuanced way of describing the versions according to which they worked next, using terms such as “criminal privatization”, “removal” or “de-crossing” to describe interaction, increasing to the cessation of business issues, and many other clear conclusions as to the facts which are the subject of the investigation in question, convey the idea that the two applicants committed crimes of which they were accused by the prosecution. These comments, taken as a whole, subsequently undermined the presumption of innocence of the applicants “.
The court paid attention and continued the arrest of Nikolay and Evelina Banevi. Banev spent more than two years in custody, and since May 2021 he has been under house arrest. His wife was released in 2019 due to surgery. The decision noted that they had been arrested, otherwise Banev had had a conversation with the investigating police days earlier, had explained exactly when he was returning to Bulgaria and a date had been set for his questioning. These circumstances were reflected in the relevant note by the employee of the Ministry of Interior. The Court notes that “Even if there were sufficient elements to summarize a reasonable suspicion that the applicant had committed the offenses with which he was charged, the court considered that the reasons given by the court for deciding to detain the applicant after 2 December 2020 ., are not “local and deserving” in relation to Article 5 (3). Accordingly, there has been a violation of this provision of the Convention “.