BULGARIA: INPUT FOR OSCE HUMAN DIMENSION MEETING

UNCLAS SOFIA 000333

EUR/RPM FOR JESSICA FISHER

SENSITIVE

SIPDIS
E.O. 12958: N/A
TAGS: OSCE PHUM PGOV KDEM

SUBJECT: BULGARIA: INPUT FOR OSCE HUMAN DIMENSION MEETING

REF: A. SECSTATE 59944


1. (SBU) This cable provides post's concerns on human rights in
Bulgaria in preparation for the OSCE Human Dimension Implementation
Meeting (HDIM). This request comes at a sensitive time for the
Bulgarian government. On July 5, Bulgaria will hold national
elections, which will result in the formation of a new parliament
and a new government. At the time of the OSCE meeting, a new
government may just be gaining its footing. Given these pending
developments, Post may need to update its recommendations for a
pre-HDIM demarche to the new government.

Freedom of the Press
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2. (SBU) Freedom of the press in Bulgaria continues to suffer from
increased political influence, pressure from powerful economic
interests, and intimidation of journalists. The close relationship
between politicians and the business owners that continue to
assemble media conglomerates is clearly reflected in blatantly
biased and political reporting. The intimidation of journalists
also remains a serious problem, particularly those that cover
corruption and organized crime. As a result, many journalists
self-censor their content or accept the bribes they are offered. To
reverse the politicization of the media, reforms should make
political financing more transparent and intimidation and physical
attacks on journalists should be investigated more aggressively.

Corruption in the Judiciary
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3. (SBU) Although generally meeting international and EU standards
on paper, the Bulgarian judiciary remains weak and corrupted. A
lack of political will to reform the judiciary makes improvement
elusive. The system suffers from an overly formalistic criminal
procedure code that makes it easy to avoid sentencing though delays
and technicalities. The inconsistent application of the law and
perception that decisions are for sale leaves most Bulgarians
skeptical that the system can serve them. Improving the judiciary
depends on stronger disciplining of judges, enforcing the new Code
of Ethics, and amending the criminal procedures code. But most
important is political will.

Vote Buying and Election Reform
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4. (SBU) The June 7, 2009 European Parliamentary elections were
accompanied by reports of widespread vote buying and/or voter
manipulation (perhaps as high as 16% of the votes cast). The
practice has continued, despite a persistent media campaign
reminding voters that it is illegal. Media reports only a few
arrests on charges of buying or selling votes following the
elections for European Parliament. To ensure the legitimacy of
elections, vote buying must be combated more vigorously. Current
penalties do not serve as a deterrent and should be strengthened.
In addition, elections laws should be strengthened to prevent abuses
such as gerrymandering, unclear campaign financing and spending, and
allowing indicted criminals to run for office. Numerous NGO's and
independent observers have flagged concerns over July 5 national
parliamentary elections: vote buying; controlled or corporate
voting (where businesses manipulate employees into voting for
certain parties or candidates); and actual vote counting by the
Central Electoral Commission - under current law, there is potential
scope for abuse in smaller rural districts.

McEldowney