This case primarily concerns the lack of guarantees in Bulgarian law for the independence of criminal investigations concerning the Chief Prosecutor and other high-ranking officials close to him/her.
The Committee of Ministers has previously identified the execution of this judgment as an essential area for upholding the rule of law. In Interim Resolution CM/ResDH(2019)367, it urged the authorities to introduce solid guarantees for institutional, hierarchical and practical independence of investigations concerning a Chief Prosecutor, and if necessary to adopt constitutional amendments.
In June, the Committee of Ministers examined the S.Z. and Kolevi v. Bulgaria group of cases, at its 1501st Human Rights meeting, where it focused mainly on developments concerning the case of Kolevi v. Bulgaria.
The Committee welcomed the reform of December 2023 which created a constitutional basis for the mechanism for investigation of a Chief Prosecutor (introduced at legislative level in May 2023) and limits the Chief Prosecutor’s influence over the Prosecutor’s Office and the magistracy. It called on the authorities to give full effect to these amendments by adopting the necessary legislation.
In this context, the Committee welcomed the work on the draft Judiciary Act prepared in March 2024. It assessed positively the legislative proposals for hierarchical and decision-making independence of the ad hoc prosecutor, and called also for reinforcement of the safeguards against risks of inappropriate use of criminal law or disciplinary instruments in respect of him/her. Moreover, the Committee welcomed the information that the investigative mechanism concerning a Chief Prosecutor is now operational and that the ad hoc prosecutor has started examining notifications, including high-profile ones. It noted however that certain concerns evident from the first year of implementation of the mechanism require the authorities’ attention.
Impact of the European Convention on Human Rights in Bulgaria
