site.btaPresident of Bulgaria’s Supreme Court Condemns Prosecution’s Statement as Undermining Judicial Authority

The statement published on the prosecution service website in response to rulings issued by the Deputy President of the Supreme Court of Cassation (SCC) and Chair of its Second Criminal Division is disproportionate in tone and undermines the authority of the judiciary, SCC President Galina Zaharova said in an official position released by the court’s press office.

The statement was issued by the prosecution service on October 3, following two rulings by the Supreme Court of Cassation on October 2 concerning acting Prosecutor General Borislav Sarafov. The SCC ruled that Sarafov cannot legally serve as acting chief prosecutor and, through two separate orders, declined to initiate proceedings on his requests to reopen criminal cases.

In response, the prosecution accused the SCC leadership of pursuing “purely political objectives” and of deepening instability within the judiciary. The prosecution’s statement further alleged that these actions were influenced by certain political circles and individuals within the judicial system and were in breach of the Court’s constitutional authority.

Zaharova countered that the prosecution service, through its public position, effectively challenges the sovereign right of judges from the SCC’s Criminal Division to independently carry out their constitutional duties.

According to the Bulgarian Constitution, the Supreme Court of Cassation is the highest judicial authority and is tasked with deciding specific categories of cases, including the resumption of criminal proceedings. The Court’s jurisdiction to assess both the admissibility and merits of such requests is beyond dispute, Zaharova said. She added that there is no functioning democratic state in which a representative of the prosecution would publicly dispute the exclusive constitutional authority of SCC judges to decide cases based on their legal interpretation.

“Stigmatizing judges for their legal reasoning in specific cases goes far beyond the limits of acceptable public criticism,” she said. “It fosters negative public sentiment toward the court, undermines its authority, and poses a real threat to its independence.”

Zaharova also warned that the prosecution service’s statement contains “dangerous insinuations” suggesting vague political affiliations involving the leadership of the SCC and illegitimate influence in the Court’s decision-making process.

“In the Supreme Court of Cassation, there is no place for top-down administrative control over the internal convictions of judges,” Zaharova said. “Judges are independent individuals, politically neutral, highly qualified legal experts of strong moral character, fully aware of their responsibility to uphold judicial independence.”

She added that SCC judges are not executors of someone else’s will and cannot be expected to breach their professional duties to meet other’s expectations.

The SCC’s ruling and the subsequent statement by the prosecution drew reactions from President Rumen Radev, political party representatives, and MPs, many of whom also commented publicly on the issue of Sarafov’s status as acting Prosecutor General.