site.btaUPDATED Sofia Appellate Court Upholds Ruling to Leave Varna Mayor Kotsev in Custody

The Sofia Court of Appeal upheld the measure imposed by the lower court and kept Varna Mayor Blagomir Kotsev in custody on Tuesday. He is charged in an investigation for corruption and participation in an organized crime group. The decision is final.

According to Judge Stefan Iliev, there is reasonable suspicion that Kotsev committed the crimes of which he is accused. This is evidenced by the testimony of Plamenka Dimitrova. Furthermore, there is no testimony to refute hers.

The court also noted that employees of the Varna Municipality were questioned and documents  that had to go through the Mayor were requested. This is why the investigation was expedited after charges were brought against Kotsev. In its ruling, the court also took into account the testimony of Dian Ivanov (former deputy mayor of Varna). Judge Iliev pointed out that any witness can give repeat testimony at the request of the defendant.

The judge added that there is no danger of Kotsev absconding if a lighter measure is imposed on him. However, there is a danger that he may commit another crime, as he is still a mayor of Varna and can influence the investigation with his influence in the Municipality. "The time Kotsev has spent in custody is reasonable. The investigation is proceeding steadily and there have been no delays," the court added.

After reading the ruling, Judge Iliev turned to the prosecution and told them to hurry up and question those who have not yet been questioned.

"The ruling cited false testimony, and the court also stated that in order for Dian Ivanov to be interrogated again, there must be at least a request from the defense or from Ivanov himself. This is not true, because the prosecution service itself must organize a review of all evidence, and secondly, because a request has been filed in the case by both Ivanov and his lawyer. His address and how he should be summoned are specified," said lawyer Ina Lulcheva after the hearing.

She added that the court had discussed evidence that had not been introduced by any of the witnesses. "It is striking that the court is presenting incriminating facts that even the prosecutor does not claim. This indicates clear bias and prejudice and that the requests for recusal were well-founded," Lulcheva said.

She added that the court's reasoning that Kotsev is still a mayor and could influence the investigation shows that the goal is to remove him from office. Lulcheva stated that this cannot be the goal of any criminal proceedings.

Blagomir Kotsev, who won the mayor's office in Varna on the ticket of Continue the Change - Democratic Bulgaria was arrested late on the night of July 8 following a tipoff for corruption by a failed public procurement tenderer. On the same date, the prosecuting magistracy announced that the Anti-Corruption Commission had launched an operation in Varna under the supervision of the Sofia City Prosecution Office (SCPО). The following day, the SCPО confirmed that four individuals had been charged and detained for 72 hours in connection with a corruption investigation in Varna. Along with municipal councillors Yordan Kateliev and Nikolay Stefanov, Kotsev has been charged with participation in an organized criminal group. The group is accused of engaging in coordinated criminal activities including abuse of office, bribery, and money laundering. The organization, allegedly formed for personal gain, includes public officials. Kotsev, Kateliev, and Stefanov are also charged with attempting to extort a sum equivalent to 15% excluding VAT of 1,523,446 BGN, of the value of a public procurement contract for the delivery of ready meals to schools and kindergartens.

On May 5, former deputy mayor Dian Ivanov, once regarded as Kotsev’s “right-hand man”, abruptly resigned from his post, citing “health reasons”. Following his departure from Varna’s municipal leadership, Ivanov became a witness for the Anti-Corruption Commission. In his testimony, he reportedly said that Mayor Kotsev instructed him to participate in the extortion of businesswoman Plamenka Dimitrova, the owner of a catering company. However, Ivanov later recanted his testimony announcing that he had given it under pressure from the Anti-Corruption Commission.

On July 17, the Sofia Appellate Court upheld a ruling of a lower instance court and left Kotsev along with municipal councillors Stefanov and Kateliev in custody on charges of corruption. Regarding the case of Nikolov, who had publicly claimed that his testimony was given under pressure, Prosecutor Kalin Bliznakov remarked that until Nikolov is questioned further, his statements remain as valid evidence in the investigation.

Kotsev's arrest triggered large-scale protests in Varna, Sofia and other major cities. The arrest also caused an outrage and accusations of political repressions. The Renew Europe group in the European Parliament, of which Continue Change is a part, condemned the growing attack on democratic institutions and the rule of law in Bulgaria, of which they believe the Varna Mayor's arrest is an illustration. The President of the ALDE Party and Member of the European Parliament, Svenja Hahn, wrote a letter to European Commissioner for Democracy, Justice, the Rule of Law and Consumer Protection, Michael McGrath, raising alarm over what she describes as a "systematic campaign of political pressure" against the Bulgarian opposition party Continue the Change.