Sat, Nov 21 2009

Clive Leviev-Sawyer

Editorial: A question of amnesty

Fri, May 29 2009 10:00 CET 1271 Views
According to media reports, sources in Brussels say that cases against Bulgarian senior civil servants for allegedly defrauding European Union funds may end in amnesty.
The same reports said that prosecuting magistrates had confirmed that several investigations into fraud involving EU funds would be terminated because of the amnesty.

There can be no doubt that the mire in which Bulgaria has immersed itself regarding EU funds, at the cost of the country’s credibility, must be eradicated and not allowed to accumulate again. An important part of the problem has been the very lack of transparency that has enabled the concealment of whatever transpired in the abuse of the funds, and presumably this is what led to the idea of an amnesty, and again presumably, such amnesty would be given in return for full disclosure.

However, apart from the aspect that anyone guilty would not face justice for the extremely serious offences of fraud – to say nothing of damage to Bulgaria’s national interests – there is the vexed question of a precedent being set by an amnesty. A precedent not only in Bulgaria but elsewhere in the bloc.

Further, even it was accepted that there should be an amnesty, there is the question of protection of those who came forward to make full disclosures, taking into account that the extent to which any form of witness protection works adequately in Bulgaria.

Further still, the very fact that it appears that the identities of the senior civil servants involved are known would suggest that appropriate work by investigators and prosecutors should be sufficient to secure prosecutions, and the question may well be asked why the option is being taken of a deal to clarify the matter; and there is a further question about how any financial losses that may have been incurred would be resolved.

Amnesty may well open the way for fundamental problems in the future, and it would seem better for justice to be seen to be done.

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