The PP-DB coalition will get ready a request to the Constitutional Court docket (CS) for the translation of the safety given by way of the parliamentary immunity. That is transparent from a place printed by way of the previous minister of e-government Bozhidar Bojanov. The reason being the case of the MP from DPS-Dogan Ceyhan Ibryamov. He was once arrested on fees of affect peddling. The prosecution claims that he took cash from an acquaintance with which he sought after to shop for votes. Ibryamov was once detained with BGN 100,000 in marked cash.
The arrest
All the way through his arrest hearings, alternatively, it emerged that he were wiretapped prior to his parliamentary immunity was once lifted. If truth be told, Ibryamov had double coverage – as soon as as a consultant of the folks and a 2d time as a candidate for one. His immunity was once lifted most effective after his arrest. On the other hand, the appliance of the particular intelligence way was once performed by way of a court docket resolution prior to that.
Ibryamov’s legal professionals additionally identified some other reality – in line with a call of the Constitutional Court docket from 1992, for the investigation and arrest of a deputy, permission will have to be asked from the parliament or from its chairman, if the meeting isn’t in consultation. On this case, alternatively, there may be acclaim for the initiation of a case by way of the top of the parliament, Raya Nazaryan.
The 3-member panel of judges of the Court docket of Attraction in Sofia rejected their arguments. Thus, Ibryamov was once left completely in custody.
The day before today, the Appellate Court docket dominated that the Charter and two choices of the Constitutional Court docket aren’t acceptable to Ibryamov’s detention, and fairly a couple of detrimental reactions adopted.
“Sure, it’s unacceptable for a court docket to mention “Do not take a look at the Charter”. However surely the parliament and the politicians aren’t a 3rd example and the verdict is ultimate. The query is what we will do – now not as a result of Ibryamov, and now not as a result of immunity, however as a result of the main of the rule of thumb of legislation. Up to now, wrongful remands have suffered many of us with out immunity who’ve been centered by way of the mafia within the judiciary, because the ACF investigations have made transparent.
The anomaly is that although he dedicated against the law, Ibryamov it will likely be acquitted as a result of unlawful procedural movements. However for Peevski, no matter what the ultimate example will make a decision in 4-5 years. It is very important him that Ibryamov is in custody now. Justice isn’t vital to him, supremacy in celebration struggles and within the battle to retain energy is vital to him“, Bojanov wrote in his place.
He issues out that the parliament can’t cancel the measures of non-abortion, however a request to the SC may also be ready. Consistent with him, it must be interpreted “whether or not coverage from legal prosecution additionally applies to non-procedural movements (prior to the initiation of pre-trial complaints)“, for instance, the implementation of the SRS. Bojanov reminds that there’s a an identical resolution in regards to the immunity of the president.
As well as, what constitutes a “severe crime” will have to even be interpreted, writes the previous minister. Since that is the one risk for a deputy to be arrested with out a prior authorization, the prosecutor’s administrative center and the anti-corruption fee took good thing about it to detain Ibryamov and most effective then notify the parliament.
“I’m certain that now celebration trolls and odd haters will pop out and accuse me of turning Ibryamov and Dogan right into a banner of the rule of thumb of legislation, emphasizing the absurdity of this. And it might be absurd if names mattered. For the legislation, identify and celebration don’t subject. Or even the ones chargeable for the present state of the justice machine are entitled to a good trial.
And despite the fact that there may also be no political answers to the precise case, except for the request for the translation of the legislation by way of the competent establishments, there are systemic issues that we will and will have to resolve within the subsequent parliament. We wish to set objectives in order that somebody at the back of the scenes can’t command the legal procedure“, Bojanov additionally wrote.
The homicide
Some other curious element emerged from the case in opposition to Ibryamov. The principle prosecution witness Miroslav Todorov, who passed over the marked cash, claimed in his testimony that Dogan supposed to prepare the homicide of Delyan Peevski.
This data, despite the fact that it has not anything to do with the topic of the case, was once cited by way of the prosecution as an issue why Ibryamov must stay in custody. The investigators even mentioned that there was once proof of against the law below Artwork. 115 of the Felony Code, which, alternatively, is for an already dedicated homicide.
On Friday, it was recognized that the town prosecutor’s administrative center had assigned the Ministry of the Internal to test the knowledge at the tried assassination.
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