UNCLAS SECTION 01 OF 02 SOFIA 001684

SIPDIS

SENSITIVE
SIPDIS

DEPT FOR EUR/NCE MNORDBERG

E.O. 12958: N/A
TAGS: PGOV PREL PHUM LBY BU LBY
SUBJECT: OUTRAGED BULGARIA CONDEMNS LIBYAN DEATH SENTENCES OF
NURSES, BLASTS THE TRIAL AS CORRUPT

Ref: (A) Tripoli 0634, (B) Sofia 01230


1. (SBU) SUMMARY: Bulgaria predictably reacted with shock and
outrage to the Tripoli Criminal Court decision to confirm the death
sentences of five Bulgarian nurses and a Palestinian doctor accused
of deliberately infecting more than 400 Libyan children with HIV.
Although largely expected, the decision triggered a stormy reaction
in Bulgaria where top politicians, who so far have tried to use
restraint on this sensitive issue, used their harshest language so
far to blast the Libyan move as political and corrupt. The
President, the Prime Minister and politicians of all party stripes
urged the Libyan state to release the medics and appealed for strong
international reaction to further strengthen pressure on Libya. END
COMMENT

PRESIDENT, PM ISSUE HARSH STATEMENT, CALL CASE "CORRUPT"
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2. (U) FM Kalfin, in Washington for meetings with senior USG
officials, issued the first statement; tough but comparatively
tight. Public statements became stiffer as the day progressed. In
a rare joint statement, Bulgaria's two top statesmen, President
Georgi Parvanov and PM Sergei Stanishev condemned the Libyan CourtQs
decision and rejected the death sentences. "The indisputable
evidence of the innocence of the medics was once again not
considered. The position of the international scientific community
was neglected. The multiple violations of the human rights of our
compatriots were not registered.
All these facts give us ground to define this whole trial as
corrupt," said the statement. The document called on Libyan
authorities to interfere immediately, to revise and reject "these
absurd sentences," and to release the Bulgarian medics and the
Palestinian doctor. The two politicians appealed to the
international community to "categorically condemn the decision of
the court and to call on Libyan authorities for the immediate
release of the nurses."

3. (U) After his initial statement (at around 0500 EDT), Foreign
Minister Ivailo Kalfin, speaking to reporters from Washington, said
the Libyan court's decision was "disappointing and outrageous". He
noted

that the Libyan court had disregarded the findings of the
international experts about the origin of the HIV virus. "We
understand the tragedy of the infected children and their families.
However, the Libyan state should get involved in the resolution of
this case. We are going to use all possible means to make this
trial come to an end," said Kalfin. He reiterated Sofia's official
position that compensation was "out of the question." "Although we
sympathize deeply with the sick children and their families, we are
confident that there is no connection between their tragedy and the
Bulgarian nurses" he said. Kalfin noted that the U.S. has always
been strongly supportive on the matter.

4. (U) "We cannot accept a court decision that disregards clear
facts confirmed by the latest research of leading world experts,
which rejects any connection between the activity of the Bulgarian
nurses and the AIDS epidemic in the childrenQs hospital in
Benghazi," the Ministry of Foreign Affairs said in a formal
statement. "We are also convinced that any claims of a link between
this tragedy and the work of the Bulgarian nurses and the
Palestinian doctor is absolutely groundless and is misleading the
Libyan nation and the families affected," said the statement.

MPS OF ALL STRIPES BLAST THE VERDICT AS POLITICAL
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5. (U) In a rare consensus among Bulgarian politicians, MPs from all
parties blasted the death sentences as a political move by Tripoli
motivated largely by internal political reasons, and called for an
international campaign for the medics' release. "Today's court
ruling has clearly demonstrated that the Libyan courts are not
independent, but working to defend a political regime that is
struggling for its future," said Evgeni Kirilov, an MP from the
ruling Bulgarian Socialist Party. "The death sentences show the
case is clearly a political issue," said Christian Vigenin, another
Socialist MP. Vigenin called on the EU, which Bulgaria is to join
on January 1, to undertake specific actions with regard to the case.
He also noted the important role the U.S. has played in supporting
Bulgaria on the case. The center-right party of ex-PM Ivan Kostov
termed the sentences "a monstrous atrocity." "It has become
absolutely clear that Bulgaria is confronting a certain political
model and from now on, all means for reaching a favorable solution
on the case should be political," the center-right party said,
adding that the government has been naive to believe that Libya
could hold a fair and transparent trial. In a joint declaration,
Parliament urged the international community to condemn the court's
decision and join the appeal for Libya to release the defendants
immediately. "The death sentences cannot and should not be carried
out. The Bulgarian MPs demand the immediate release of the
Bulgarian nurses and the Palestinian doctor," said the declaration.


BULGARIA "PARTS WITH HYPOCRISY"

SOFIA 00001684 002 OF 002


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6. (U) Even Chief Prosecutor Boris Velchev, known for his moderate
and careful wording, was uncharacteristically harsh, saying the
ruling was not based on any legal evidence. "I know the
circumstances surrounding this case. I know very well that not a
single fact warrants sentencing the Bulgarian medics. The ruling
has nothing to do with the law." Velchev also vowed that Bulgaria
will undertake legal actions against those who have tortured the
Bulgarian nurses while in Libyan prison. "Today's death sentences
showed that Libya has nothing in common with the law." He said
today's developments showed Bulgaria should part with its hypocrisy
on the case and abandon expectations that there could be a fair and
transparent trial.



7. (U) Leading Bulgarian specialists on Arabic matters commented
that that a favorable solution on the case could come only as a
result of increased international pressure on Libya, but remained
skeptical about the prospects for a quick solution given the
internal political situation in Libya. Bulgarian jurists said they
were shocked by the "impudence of the Libyan court", which has
upheld the death sentences by using compromised evidence presented
by the prosecutors containing numerous unclear references and
factual mistakes.


8. (U) EU Justice Commissioner Franco Frattini said "It is a great
disappointment" and that he was "shocked by this decision" to hand
down the death penalties to the nurses and a Palestinian doctor.
Frattini, also a Commission vice president, added "I strongly hope
that the Libyan authorities will rethink this decision" which he
described as "an obstacle to cooperation with the EU".


9. (SBU) All of this comes against a backdrop of private individuals
and NGOs organizing spontaneous demonstrations across the country in
support of the medics Q something that doesn't happen often in this
society.

COMMENT
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10. (SBU) We have urged several Bulgarian officials in the past few
weeks to moderate their statements. This strong reaction by
Bulgarian leaders reflects pent-up frustration and acknowledgement
that the Bulgarian public has had enough. During recent years the
Bulgarian government and people have shown a great deal of
compassion and solidarity towards the fate of the infected children
and their families. The government now faces a determined public.
It still has some room for maneuver, but the tolerances are very
tight.
KARAGIANNIS