US ambassador James Pardew's recent devastating criticism of the prosecution structures in Bulgaria has attracted indignant responses from politicians and prosecutors.
In a speech entitled "Prosecution, Corruption and the Rule of Law" at the National Judicial Conference in Sofia on December 10, Pardew briefly praised the beginnings of the process of reforming the judiciary, but put critical emphasis on the prosecution.
He said that that the prosecution was inefficient in combating corruption and organised crime, which dominated entire sectors of the economy. He said that criminal figures were flaunting their immunity from the law.
"As an outside observer, I cannot fail to see the power of the prosecution often used for blatantly political purposes, especially for intimidating the press or others who expose corruption," Pardew told the more than 1000 guests and participants in the conference, which brought together most of Bulgaria's jurists.
He said that by such actions, the prosecution was bringing back the darkest days of oppression during the Cold War.
Pardew noted that he was making his statement as a friend and an outside observer.
"I do so as a friend concerned for the fate of Bulgaria, and as a foreign diplomat who is less vulnerable to reprisal," Pardew said.
Prosecutor-General Nikola Filchev left the hall when Pardew's name was announced.
The fallout from Pardew's speech was immediate as society and politicians divided in their opinions.
Speaker of Parliament Ognyan Gerdjikov, a former professor in law, said he was very indignant at Pardew's criticism.
According to Gerdjikov, such statements showed that the person making them was not a career diplomat. Gerdjikov said that it was strange that the criticism was coming from a person in whose country there was still capital punishment.
"I can hardly share ambassador Pardew's views," Gerdjikov said. "There are problems in the judiciary system but we have already started solving them."
Gerdjikov expressed doubt that Pardew's statement reflected the official US position.
US deputy chief of mission Jeffrey Levine, however, speaking at the opening of a conference on US foreign policy in Southeastern Europe, said that Pardew was a senior representative of the US and whatever he said in public reflected the position of the US.
Rossen Dimov, chairperson of the Prosecutors' Association in Bulgaria (PAB), an organisation widely seen as close to Filchev, said in an open letter that Pardew's criticism was "highly dishonourable".
"I don't know whether this is caused by lack of information or direct support for certain politicians," Dimov wrote. "I only know that this is not true."
The alternative prosecutors' organisation, the National Union of Bulgarian Prosecutors (NUBP), however, issued a statement demanding Filchev's immediate resignation.
In an open letter made public on December 14, the NUBP said that the problem with the prosecution's inefficiency was not with its structure but with its head, Filchev.
In an interview with Radio New Europe, HUBP head Vassil Mikov said that ordinary prosecutors should not be held responsible for the bulk of outrageous acts.
"Filchev has personally and orally ordered them to make statements or sign prosecution acts," Mikov said.
Prosecutor Spartak Dochev, who heads the Union for Combating Corruption, and who recently called the former US ambassador to NATO Bruce Jackson a "stinking reptile" and "smelly slyboots" said of Pardew that his tone was of a mentor and was far from diplomatic.
Dochev acknowledged that judicial reform was important, but said it was a matter of domestic politics, not of outside intervention.
The head of the Judges' Union, Nelly Kutskova, said that even though she did not like Pardew's tone, she could not disagree with him on certain points.
According to her, it was not appropriate to vilify the entire prosecution but only its leadership, which for years on end had been putting pressure on ordinary prosecutors.
Former prime minister and current leader of the Democrats for Strong Bulgaria (DSB) Ivan Kostov, who is one of the major critics of the prosecution, said that Pardew was right to be critical.
"The problems of internal order and security in Bulgaria are also problems of NATO, and from this point of view, Pardew is right to be concerned and critical," Kostov said. "The refusal of justice and the refusal to seek justice is not only an internal problem but a problem of the entire alliance."
Union of Democratic Forces (UDF) deputy leader Nikolai Mladenov, however, took the diametrically opposite view.
According to him, it was not the job of Pardew to make public statements about matters that were the responsibility of the Government.
"It is not the job of an ambassador of a foreign country to make public statements whose solutions should be sought within the competence of the Government," Mladenov said. "Pardew did not say anything that we don't know already."
In a speech entitled "Prosecution, Corruption and the Rule of Law" at the National Judicial Conference in Sofia on December 10, Pardew briefly praised the beginnings of the process of reforming the judiciary, but put critical emphasis on the prosecution.
He said that that the prosecution was inefficient in combating corruption and organised crime, which dominated entire sectors of the economy. He said that criminal figures were flaunting their immunity from the law.
"As an outside observer, I cannot fail to see the power of the prosecution often used for blatantly political purposes, especially for intimidating the press or others who expose corruption," Pardew told the more than 1000 guests and participants in the conference, which brought together most of Bulgaria's jurists.
He said that by such actions, the prosecution was bringing back the darkest days of oppression during the Cold War.
Pardew noted that he was making his statement as a friend and an outside observer.
"I do so as a friend concerned for the fate of Bulgaria, and as a foreign diplomat who is less vulnerable to reprisal," Pardew said.
Prosecutor-General Nikola Filchev left the hall when Pardew's name was announced.
The fallout from Pardew's speech was immediate as society and politicians divided in their opinions.
Speaker of Parliament Ognyan Gerdjikov, a former professor in law, said he was very indignant at Pardew's criticism.
According to Gerdjikov, such statements showed that the person making them was not a career diplomat. Gerdjikov said that it was strange that the criticism was coming from a person in whose country there was still capital punishment.
"I can hardly share ambassador Pardew's views," Gerdjikov said. "There are problems in the judiciary system but we have already started solving them."
Gerdjikov expressed doubt that Pardew's statement reflected the official US position.
US deputy chief of mission Jeffrey Levine, however, speaking at the opening of a conference on US foreign policy in Southeastern Europe, said that Pardew was a senior representative of the US and whatever he said in public reflected the position of the US.
Rossen Dimov, chairperson of the Prosecutors' Association in Bulgaria (PAB), an organisation widely seen as close to Filchev, said in an open letter that Pardew's criticism was "highly dishonourable".
"I don't know whether this is caused by lack of information or direct support for certain politicians," Dimov wrote. "I only know that this is not true."
The alternative prosecutors' organisation, the National Union of Bulgarian Prosecutors (NUBP), however, issued a statement demanding Filchev's immediate resignation.
In an open letter made public on December 14, the NUBP said that the problem with the prosecution's inefficiency was not with its structure but with its head, Filchev.
In an interview with Radio New Europe, HUBP head Vassil Mikov said that ordinary prosecutors should not be held responsible for the bulk of outrageous acts.
"Filchev has personally and orally ordered them to make statements or sign prosecution acts," Mikov said.
Prosecutor Spartak Dochev, who heads the Union for Combating Corruption, and who recently called the former US ambassador to NATO Bruce Jackson a "stinking reptile" and "smelly slyboots" said of Pardew that his tone was of a mentor and was far from diplomatic.
Dochev acknowledged that judicial reform was important, but said it was a matter of domestic politics, not of outside intervention.
The head of the Judges' Union, Nelly Kutskova, said that even though she did not like Pardew's tone, she could not disagree with him on certain points.
According to her, it was not appropriate to vilify the entire prosecution but only its leadership, which for years on end had been putting pressure on ordinary prosecutors.
Former prime minister and current leader of the Democrats for Strong Bulgaria (DSB) Ivan Kostov, who is one of the major critics of the prosecution, said that Pardew was right to be critical.
"The problems of internal order and security in Bulgaria are also problems of NATO, and from this point of view, Pardew is right to be concerned and critical," Kostov said. "The refusal of justice and the refusal to seek justice is not only an internal problem but a problem of the entire alliance."
Union of Democratic Forces (UDF) deputy leader Nikolai Mladenov, however, took the diametrically opposite view.
According to him, it was not the job of Pardew to make public statements about matters that were the responsibility of the Government.
"It is not the job of an ambassador of a foreign country to make public statements whose solutions should be sought within the competence of the Government," Mladenov said. "Pardew did not say anything that we don't know already."
