BULGARIA: SELECTION OF NEW CHIEF PROSECUTOR IS

C O N F I D E N T I A L SECTION 01 OF 02 SOFIA 000082

SIPDIS

E.O. 12958: DECL: 01/19/2016
TAGS: PREL PINR KCOR KCRM BU
SUBJECT: BULGARIA: SELECTION OF NEW CHIEF PROSECUTOR IS
"THE" ELECTION OF 2006

Classified By: Charge D'Affairs Jeffrey Levine, for reason 1.4 (C)


1. (C) SUMMARY. The main event on Bulgaria's political
calendar this year is often considered to be the November
presidential election, but in fact the selection of a new
Chief Prosecutor today may have more of a lasting impact on
Bulgaria's future. As previewed with the Ambassador by
Interior Minister Rumen Petkov on January 17, the Supreme
Judicial Council selected Boris Velchev, the senior legal
adviser to President Purvanov, with 23 of the Council's 25
members voting in favor. Velchev is well and favorably known
to the Embassy. With Velchev's replacement of the incumbent
Prosecutor Nikolai Filchev, hopes are high that Bulgaria's
rule-of-law climate will see immediate improvement. Filchev
is widely acknowledged to be the most capricious and
vindictive high-ranking public official in Bulgaria, and the
powers of his office are vast. The EU views selection of his
replacement as one of Bulgaria's few opportunities to
demostrate its credibility on rule-of-law issues before its
final report. END SUMMARY.

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Boris Velchev Named New Prosecutor General
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2. (U) The Supreme Judicial Council (SJC)))the principle
body that overseas the judiciary))elected Boris Velchev,
the head of President's Legal Council, as the new Chief
Prosecutor on January 19. Although several names had been
circulating in the press as possible candidates, Velchev was
the only nominee proposed by the SJC. Shortly after the
nomination, the SJC decided to immediately elect Velchev to
the position rather than wait until January 22 when they were
obligated to start the election process.


3. (C) Interior Minister Petkov told the Ambassador in a
meeting on January 17 that Velchev had emerged as the
front-runner to succeed Nikolai Filchev as Chief Prosecutor.
At that time, Petkov said the government had 15 of the
minimum 17 votes on the Council needed to ensure the
selection of Velchev. Petkov praised Velchev as the right
person for the job, highlighting his character, willpower and
the fact that he was acceptable to the judicial system. He
asked the Ambassador directly how the U.S. would react to
Velchev's selection. The Ambassador responded that the U.S.
reaction would be positive, but that Filchev's team must also
be replaced.

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Opposition Decries Velchev Election As "Fixed"
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4. (U) Opposition parties were quick to criticize Velchev's
election and the fact that he was the only nominee. They
charged that the Chief Prosecutor's election was clearly
rigged and that the government and President had blatantly
interfered in the independence of the Supreme Judicial
Council. Peter Stoyanov, the head of the Union of Democratic
Forces (UDF),said "it is very sad that for the first time in
the election of the Chief Prosecutor the politicians of the
ruling coalition openly arranged for the SJC to elect a
specific person to the post" with the help of the President.
Another member of UDF said Velchev's election was a clear
violation of the independence of the individual branches of
government and likened it to an attempt by
"someone"--presumably the President--to consolidate all the
branches of government into one.

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The Process for Choosing a New Prosecutor General
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5. (C) According to the law, the SJC--)which consists of
magistrates, prosecutors, investigators, lawyers, and two
university professors---must initiate the selection process
for a new prosecutor general one to two months before the
incumbent's term expires, which for Filchev is February 22.
A Chief Prosecutor must first be nominated by the SJC (or by
the Justice Minister) by at least one-fifth of SJC members.
In order to be elected, a candidate needs at least 17 votes
out of the 25-member SJC. Velchev received 23 of 25 votes,
according to the press. The overwhelming support for Velchev
surprised many, including Constitutional Court Justice Evgeni
Tanchev, who also is a former legal advisor to Parvanov and
knows Velchev well. Tanchev told us he expected 18-20 votes
for Velchev. He believes the quick vote was a smart tactical
move by Velchev's supporters, especially Purvanov, to deny
Velchev's opponents enough time to organize a campaign
against him. Tanchev worried out loud that Velchev could be
risking his life for this job if he proceeds in the direction
he has indicated, i.e., after the OC bosses and Filchev's
cronies. He confirmed that, unless Filchev decides to
resign, the transition will take place on February 22.

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A New Era for Rule-of-Law in Bulgaria?
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6. (C) Velchev's replacement of the incumbent Prosecutor
Filchev could represent a dramatic shift in the rule-of-law
climate in Bulgaria. Filchev is widely acknowledged to be the
most capricious and vindictive high-ranking public official
in Bulgaria, and the powers of his office are vast. Over the
last seven years, he has abused this power to enrich himself
and his cronies and to pursue judicial vendettas against
numerous real and perceived enemies. This, combined with the
Chief Prosecutor's almost complete lack of accountability
under the constitution ) Bulgarians' describe him as
"responsible only to God" -- make the choice of a new Chief
Prosecutor a bellwether for both the U.S. and the EU of
Bulgaria's willingness to confront the problems of organized
crime and corruption. According Interior Minister Petkov,
Filchev is likely to be appointed an ambassador, possibly to
a former Soviet republic like Kazakhstan. The idea is to send
Filchev to a country "without a direct flight" to Bulgaria,
quipped Petkov. (We suggested Minsk, believing that Filchev
and Lukashenko would quickly develop a strong affinity.)

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The New Prosecutor General
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7. (C) Boris Velchev, who was born in Sofia in 1962, is an
associate law professor and has a PhD in law. He teaches
criminal law at Sofia University and the University of Veliko
Turnovo. He currently serves as the Chairman of the
President's Legal Council. Velchev's family was closely tied
to the former communist regime, a fact that is widely cited
in the news media. His grandfather was a Politburo member
who was close to Todor Zhivkov. His father was a diplomat
under the communist regime and last served in Moscow.
Velchev himself is a former member of the communist party,
who now sympathizes with the Bulgarian Socialist Party.
Velchev is candid and straightforward and has been described
as "not easy to manipulate." In conversations with Embassy
contacts, he has openly criticized Filchev, calling him
"mentally unstable" and "sick." In private conversations
with us, Velchev has also spoken very frankly about
corruption in the government and political parties, making no
exceptions even for the BSP.

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Comment
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8. (C) Opposition charges that Velchev's selection was
manipulated by the President are probably true, but miss the
point: Purvanov and others like him recognize the high
stakes involved in the selection of new Chief Prosecutor and
wanted to ensure that no one close to Filchev got the job. A
number of EU missions had warned the selection of Filchev's
replacement would be watched closely. With less than three
months before its final review for 2007 EU entry, Bulgaria
has only a limited opportunity to demonstrate progress. The
government as a whole clearly hopes Velchev's selection will
seem a winning message.
Levine