THE Supreme Administrative Court (SAC) and the Sofia City Court (SCC) last week issued rulings in two separate cases about the decision by the National Security Service (NSS) to expel controversial Russian businessman Michael Chorny from Bulgaria.
In 2000 the NSS expelled Chorny and another Russian businessman, Denis Ershov, saying the two were a threat to the national security of Bulgaria.
One of the cases was initiated after an appeal by the Sofia City Prosecution (SCP) and the NSS against a decision in May by the SCC to allow Chony to return to the country.
At a behind-closed-doors session in May, the SCC ruled that the NSS order to expel Chorny from the country was illegal because it was signed by a person not authorised to do so.
In May it emerged that the 2000 order was signed by the then-director of the NSS, General Atanas Atanassov, while he was on leave.
According to Chorny's lawyer, Todor Batkov, on August 17, 2000, a day before the signing of the order, an unnamed deputy of Atanasov had a meeting with the then-Interior Ministry chief secretary Slavcho Bossilkov, a deputy interior minister and a deputy director of NSS, at which Bossilkov said that there was an order by the government to expel Chorny.
At the hearing Batkov also said that Chorny was expelled from Bulgaria because he allegedly refused to donate for free a 34 per cent stake in mobile operator MobilTel, to the then deputy prime minister Alexander Bozhkov, who allegedly asked for it.
Bozhkov, however, said that this was not true.
Batkov challenged the order of the NSS as illegal and said that when it was issued, the law did not provide for an administrative sanction "banning from the country".
After the SAC session, Batkov told journalists that even if the court overruled the NSS order, Chorny would not return to Bulgaria. According to Batkov, his client has long since "erased Bulgaria from the map of his investments" and only wanted his name cleared.
The SAC must rule on the case within a month.
Last Friday the SCC overruled an appeal by Chorny against the NSS order.
Batkov argued that the order was issued contrary to the legal framework of 2000.
But the court found that the appellant's counsel had not provided sufficient evidence to support its argument.
Batkov said that if the courts upheld the NSS order, he might take his case to the European Court of Human Rights headquartered in Strasbourg.
In an interview with the Bulgarian-language media, Atana-ssov said that the current head of the NSS, General Ivan Chobanov, has committed a violation by issuing a permit for access to classified information to Batkov.
According to Atanassov, the files to which Batkov had access, contained at least 18 pages of specific information how Chorny and Ershov were threatening the national security.
Atanassov said that the files contained information on NSS sources that had provided evidence against Chorny.
In 2000 the NSS expelled Chorny and another Russian businessman, Denis Ershov, saying the two were a threat to the national security of Bulgaria.
One of the cases was initiated after an appeal by the Sofia City Prosecution (SCP) and the NSS against a decision in May by the SCC to allow Chony to return to the country.
At a behind-closed-doors session in May, the SCC ruled that the NSS order to expel Chorny from the country was illegal because it was signed by a person not authorised to do so.
In May it emerged that the 2000 order was signed by the then-director of the NSS, General Atanas Atanassov, while he was on leave.
According to Chorny's lawyer, Todor Batkov, on August 17, 2000, a day before the signing of the order, an unnamed deputy of Atanasov had a meeting with the then-Interior Ministry chief secretary Slavcho Bossilkov, a deputy interior minister and a deputy director of NSS, at which Bossilkov said that there was an order by the government to expel Chorny.
At the hearing Batkov also said that Chorny was expelled from Bulgaria because he allegedly refused to donate for free a 34 per cent stake in mobile operator MobilTel, to the then deputy prime minister Alexander Bozhkov, who allegedly asked for it.
Bozhkov, however, said that this was not true.
Batkov challenged the order of the NSS as illegal and said that when it was issued, the law did not provide for an administrative sanction "banning from the country".
After the SAC session, Batkov told journalists that even if the court overruled the NSS order, Chorny would not return to Bulgaria. According to Batkov, his client has long since "erased Bulgaria from the map of his investments" and only wanted his name cleared.
The SAC must rule on the case within a month.
Last Friday the SCC overruled an appeal by Chorny against the NSS order.
Batkov argued that the order was issued contrary to the legal framework of 2000.
But the court found that the appellant's counsel had not provided sufficient evidence to support its argument.
Batkov said that if the courts upheld the NSS order, he might take his case to the European Court of Human Rights headquartered in Strasbourg.
In an interview with the Bulgarian-language media, Atana-ssov said that the current head of the NSS, General Ivan Chobanov, has committed a violation by issuing a permit for access to classified information to Batkov.
According to Atanassov, the files to which Batkov had access, contained at least 18 pages of specific information how Chorny and Ershov were threatening the national security.
Atanassov said that the files contained information on NSS sources that had provided evidence against Chorny.
