Tag Archives: police

2011 Reports for Bulgaria and Romania under the Cooperation and Verification Mechanism

The European Commission has published its fifth progress reports for Bulgaria and Romania under the Cooperation and Verification Mechanism (CVM) for 2011. The reports monitor the progress of the two Member States on progress with judicial reform, the fight against corruption and, concerning Bulgaria, the fight against organized crime.

The report on Bulgaria notes that Bulgaria has strengthened the Supreme Judicial Council and improved rules for the appointment, professional training, appraisals and promotions of judges. Several organised crime and corruption cases have reached verdicts in court. At the same time, an increased number of indictments in cases related to organised crime and fraud with EU funds have been achieved. The report notes that the leadership of the Bulgarian judiciary has yet to show a real commitment to thorough judicial reform as slow progress is not just the result of shortcomings in judicial practice and in the Penal Code. Again and again the Commission points out that judicial appointments still lack the necessary level of transparency and credibility. The report also notes that there is a lack of consistent disciplinary practice in the judiciary. The Commission sees weaknesses in the collection of evidence, the protection of witnesses as well as in investigative strategies, comprehensive financial investigations and the securing of assets. The Commission recommends that coordination within the prosecution and between the prosecution and the police should be improved. The most important recommendation of the Commission is to establish proposals for a reform of the Supreme Judicial Council, the Supreme Cassation Prosecution Office and the Prosecution in general regarding structures, legal attributions, composition, appointments and internal organization.

The report on Romania points to the significant steps Romania took since the last annual report of July 2010. Romania improved judicial efficiency, re-established the legal basis of the National Integrity Agency, continued preparations for the implementation of the four new codes, launched preparations for a functional review of the judicial system and carried out an impact analysis of its anti-corruption policy. At the same time, the report also notes that consistency and results in a number of areas remain a challenge and that progress in the fight against corruption still needs to be pursued. The report concludes that Romania needs to take urgent action to accelerate high-level corruption trials and to prevent their prescription due to expiry of statute-barred periods. The fight against corruption should remain a top priority, with support from Parliament, and urgent measures should be taken to improve the recovery of proceeds of crime, the pursuit of money laundering and the protection against conflict of interest in the management of public funds.

 

 

Belarus: the White Elephant in the Room

Brussels, we’ve got a white elephant in the room. It’s Belarus, of course. The place where they beat up presidential candidates (watch the video of the beating of presidential candidate Neklyaev). The place where one man is clinging to power for 16 long years.

There were presidential elections yesterday in Belarus. They ended in protest and police violence, just as you might expect from a country which is at the bottom of the Economist Intelligence Unit’s Democracy Index 2010. All the mise en scène was there – flags, songs, and police beating up and arresting protestors. This is a place where they kill journalists, after all.

I witnessed both the protest and ensuing police violence in Minsk, the capital of Belarus and the reaction of relevant EU officials yesterday. Three politicians spoke out in this order: Carl Bildt, Wilfred Martens and Jerzy Buzek (Mr. Buzek’s statement specifically called on Lukashenko to stop the violence). Not a single word was heard from the High Representative Catherine Ashton or any representative of the Commission.

Now there is a slight annoyance. It turns out that Belarus lies on the EU doorstep. Technically speaking, EU is committed to the values of democracy and rule of law. Democracy and rule of law are obviously not abundant in Belarus. So what do we do about it?

Well, not much, to be honest. There is something called high-level EU–Belarus political dialogue. There is some action by OSCE observers who say that probably the election process got somewhat better in the 2010 elections. Sort of.

This is worrying. Belarus is a European country and a potential EU Member State (no matter how far-fetched that sounds). The European Union has already experienced relative loss of leadership on the promotion of human rights, democracy and the rule of law. The case of Belarus is disturbing and quite obviously Lukashenko has no intention to lose grip on power. All geopolitical considerations notwithstanding, EU can only profit from a free and democratic Belarus, and vice versa. That is why the EU must really step up its pressure on the political regime, or at least condemn it properly.

UPDATE: There’s a statement now by the spokesperson of the High Representative Catherine Ashton.

Political Influence on the Bulgarian Judiciary?

Bulgaria’s new Interior Minister Tsvetan Tsvetanov has sided with the five anti-mafia policemen, who were sentenced to 82 years in jail for allegedly killing 38-year-old Angel Dimitrov, saying they did not act deliberately. He also said that he wouldn’t allow the five policemen to go to jail if that depended on him.

Angel Dimitrov AKA Chorata, was allegedly killed in November of 2005 by the Blagoevgrad police during a law enforcement operation entitled “Respect.” Dimitrov’s death was first presented as a heart attack but expertise showed that he had died due to blows to the head.

It is very difficult to assess the case from my position. There is a lot of contradictory evidence material, and one cannot speculate without having seen the whole documentation. However, the statement of Mr. Tsvetanov may be interpreted as a sign of political influence on the Supreme Cassation Court, and that is a problem. Time and again reports by the European Commission have stated that Bulgarian criminal justice is “subject to influence and interference”. Mr. Tsetanov should refrain from such statements that may hamper all other sincere efforts to reform the Bulgarian judiciary system.