Fri, Feb 10 2012

Prosecutors to ask Parliament to strip former PM's immunity from prosecution

Tue, Nov 03 2009 12:12 CET 1622 Views 6 Comments
Prosecutors to ask Parliament to strip former PM's immunity from prosecution

Sergei Stanishev

Photo: Красимир Юскеселиев

Prosecutors will request Parliament to lift former prime minister Sergei Stanishev's immunity from prosecution, Bulgarian-language Dnevnik daily quoted Sofia city prosecutor Nikolai Kokinov on November 3 2009.

Kokinov said that prosecutors were currently working on a report to Prosecutor-General Boris Velchev who, by law, can request that a member of parliament's immunity be revoked.

The request is based on prosecutors' investigations into leaks of classified information from the State Agency for National Security (SANS) and Stanishev's role in it in his capacity as former prime minister.

The case relates to a recent scandal regarding Stanishev and whether he had, while prime minister, abided by rules on handling classified information.

The scandal erupted when a report carried out by SANS in October 2008 (when Stanishev was prime minister) was given to new Prime Minister Boiko Borissov in October 2009.

Borissov said that Stanishev did not return the report in question to SANS after being sent it, as procedures required. Borissov also said that there were between nine and 10 reports with classified information missing from Cabinet records.

Some of the reports contained information for possible adoption by the US finance department aimed at the Bulgarian banking system, drug channels and tenders of Double-Use items.

Another report allegedly contained information about Russia using its energy policy as a political tool.

"We will be ready with the request within a couple of hours. We keep on interrogating people in relation to the case," Kokinov said. Stanishev was one of the first people questioned by prosecutors on the case after he denied being a part of information leaks from SANS.

Stanishev also said he was ready to give up his parliamentary immunity voluntarily should prosecutors request it. If this happens, he will be the first former prime minister whose MP's immunity is revoked.

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Comments

Anonymous Valeri Thu, Nov 05 2009 00:27 CET

Sitting here reading the new study saying that Bulgarians among the most positively disposed towards Russia.

Is it surprising?
Never have I heard so much insulting and purposeful humiliation coming from Russia, as I see every day in just such "ex-pat" forums.
Why is it that westerners act with us, as if they are training their dogs?
As if the more of the so called "sticks and carrots" - i.e. treats and smacks, you do, the better we will learn to behave...

That never works! All [...]

Read the full comment it does is breeds hate that accumulates over the years.
Have you noticed how the more I insult and generalize about westerners, the more I confirm your negative stereotypes about BG?

Well, what makes you think that it works any different for us?

"В България хората, които смятат, че американското влияние е нещо добро, е намалял от 66 % през 1991 г. на 36 % през 2009 г, сочи още изследването."

This is part of the study and it says that in '91, 66% of all Bulgarians saw the US infuence as positive.
In '09 that went down to 36% - surprisingly high if you ask me.
This is what all those State Department "progress reports" and Joe Blow's constant Commie references would do... don't blame us...


AnonymousValeriWed, Nov 04 2009 22:41 CET

This comment has been removed by the moderator because it contained off-topic content

Anonymous Valeri Wed, Nov 04 2009 22:34 CET

That's how easy is to kook things up - Google baby!
I am sick and tired of all sorts of western garbage, generalizing about us at every step.

Everything that happens in BG is "only in BG" to them.
A little generalization is good for them - a little taste of their own medicine.

".. if you did this in your day to day life, I am sure you would be rewarded richly, go on try it?"

.. nice to know that you care... [...]

Read the full comment I wish I could return the courtesy...


Преглед на профил Анонимен Wed, Nov 04 2009 10:13 CET

Oh Valeri why be so bitter about Westerners? Clearly you are correct in all your knowledgeable observations of the USA immunity litigation likely by Googling "US Presidential Immunity", bravo!

Quote-

"I too lament the fact that we don't seem to get too many intelligent westerners in BG".

Please do yourself a favour Valeri and stop generalising, if you did this in your day to day life, I am sure you would be rewarded richly, go on try it?

Anonymous Valeri Wed, Nov 04 2009 02:08 CET

Jon:

"Sound like a horrible left-over from the communist regime to me."

I am sure it does, Jon, and I too lament the fact that we don't seem to get too many intelligent westerners in BG.

Presidential (Prime Ministerial) immunity is a fact in many non-communist societies, including the US.


"By the decision of the Court in Mississippi v. Johnson,724 in 1867, the President was placed beyond the reach of judicial direction, either affirmative or restraining, in the exercise of his powers, [...]

Read the full comment whether constitutional or statutory, political or otherwise, save perhaps for what must be a small class of powers that are purely ministerial.725"

Also:

"The President is absolutely immune in actions for civil damages for all acts within the “outer perimeter” of his official duties.735 The Court’s close decision was premised on the President’s “unique position in the constitutional scheme,” that is, it was derived from the Court’s inquiry of a “kind of ‘public policy’ analysis” of the “policies and principles that may be considered implicit in the nature of the President’s office in a system structured to achieve effective government under a constitutionally mandated separation of powers.”736"



In the case of Clinton's pre-election legal troubles:

"In Clinton v. Jones,743 the Court, in a case of first impression, held that the President did not have qualified immunity from suit for conduct alleged to have taken place prior to his election to the Presidency, which would entitle him to delay of both the trial and discovery. The Court held that its precedents affording the President immunity from suit for his official conduct — primarily on the basis that he should be enabled to perform his duties effectively without fear that a particular decision might give rise to personal liability — were inapplicable in this kind of case."




Anonymous Jon Mills Tue, Nov 03 2009 21:04 CET

What is this immunity from prosecution all about? I understood that members of parliament and state employed staff are all Bulgarian citizens. At what point do they give up all their normal rights and obligations to the law? Sound like a horrible left-over from the communist regime to me. You know...all men are equal, but some are more equal than others..


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