site.btaCourt Returns Case against Six Defendants over Hooliganism during Vazrazhdane-Led Protest outside House of Europe in Sofia

The Sofia District Court terminated and returned to the prosecution the case against six defendants charged with hooliganism committed during a February protest in front of the House of Europe (the European Commission Representation and the European Parliament Liaison Office in Bulgaria) in Sofia. A procedural hearing was held on the case on Tuesday. 

Prosecutor Atanas Dotsinski argued that the indictment contained no procedural flaws and that the proceedings should not be discontinued.

The defence, however, maintained that the case contained remediable violations and should be returned to the prosecution. They said the indictment lacked a description of the acts relating to non-compliance with orders issued by a public authority, as well as of the qualifying element of "exceptional audacity and cynicism" required for the hooliganism charge. They added that contradictions and inconsistencies in the indictment could be corrected.

The court panel agreed with the defence that essential procedural violations had been committed during the pre-trial proceedings. The court noted that case law requires the circumstances leading to the conclusion that the act was committed with “exceptional audacity and cynicism” to be clearly stated. The description of resistance against a public authority was also considered too succinct and needed clarification; for one of the defendants, no description of such acts was provided at all, beyond a declared resistance. The indictment also failed to specify the nature and concrete manifestations of the bodily injury allegedly inflicted on a police officer. According to the court, these omissions impeded the defendants’ right to defence and constituted remediable deficiencies in the indictment.

Speaking to the media, Prosecutor Dotsinski said he would appeal the court’s ruling.

"This is a political case," said lawyer Peter Petrov, Vazrazhdane’s Deputy Floor Leader, who represents one of the defendants. He noted that due to the absence of one lay judge, the presiding judge replaced them “on the spot” while the hearing was already under way. "We believe this is a procedural violation and grounds for recusal, but such a motion was not made," Petrov said. He added that the charges were unfounded, pointing out the lack of description of acts qualified by the prosecution as exhibiting audacity and cynicism, as well as the absence of details on resistance to police or failure to comply with police orders.

On February 22, the Vazrazhdane party led a protest in opposition to Bulgaria's planned adoption of the euro. Protesters threw red paint, eggs, and fireworks at the building housing the European Commission’s representation in Sofia and set its entrance door on fire. Ten police officers were injured during the demonstration, nine people were arrested. The Sofia Regional Prosecution Office has filed an indictment on July 15.