The content of the publicized information about the President cannot give grounds for suspicion of either criminal activity or betrayal of the Constitution. We do not want to draw attention to the fact that everyone expects the prosecution to rule on the law. It's time we understood that the prosecutor can raise issues on legality, but the court decides what's legal … The prosecution's practical capabilities have reached an uncontrollable climax. This was commented on BNR's by Zdravka Kalaydjieva, a human rights defender and former judge at the European Court of Human Rights in Strasbourg (2008 – 2015).
"In exercising his powers Ivan Geshev goes beyond the letter of the law and affects the spirit of the concept of legality. Last week's circumstances have put not only me but many lawyers in a state of wondering whether we also need psychological help, ”the lawyer said.
According to Kalaydjieva, the Prosecutor General is free to ask whatever interpretation he wants from the Constitutional Court "but the things he asks for are well reflected in both theory and practice. He may ask, because the Constitution authorizes him“
Zdravka Kalaydzhieva underlined that “the eavesdropping of a person, part of the military, such as General Tsanko Stoykov, cannot be ordered in the proceedings issued against him by the Special Prosecutor's Office, such proceedings can only be conducted by the military Prosecutor's office“
We witness an encroachment on statehood
"I hope that not only a handful of professionals but the whole society understands the need for change in this uncontrolled, inefficient and selectively exercised power. It must be immediately placed under the full and competent control of the courts, as is currently provided for in certain matters. It takes a long time to complete this meaningful control. During this period such actions can undermine both authority, interests and statehood. We are witnessing an encroachment on statehood
In the words of Zdravka Kalaydjieva, "the notion that the fight against crime will be carried out lawfully has long been washed away." "We have become spectators of some kind of show program that acts like fireworks," she said.
It is essential for her that the functions of the court and the prosecutor's office be clearly distinguished in the Constitution so that conclusions can be drawn from it.
