Bivol’s team and members of the “protest network” approached on September 14, 2015, Chief Prosecutor Sotir Tsatsarov with a signal regarding statements of Prime Minister Borisov.
On September 13, 2015, Borisov told the following to supporters of his party Citizens for European Development of Bulgaria (GERB) in “Armeets” Hall in Sofia, as transcribed from the video footage from the event:
“Secondly – this was much discussed these days.
And I must tell you that a few days ago I had a really ultimate test. One night, when the Minister of Defense and the Chief of Staff of the Armed Forces reported that there was a plan for flights or the so-called flight plan of Russian warplanes on our territory.
Our military doctrine is very clear; our task to guard the southern flank of NATO is very clear. The rules that our pilots must follow are very clear. Or just a week ago, you saw in Shabla what perfect Rocket Forces we have.
A decision had to be made (pause). What to do right at this moment? The Chief of Staff reported; he was waiting for orders. The dilemma was whether to fulfill what we have as commitment, clearly knowing that the next day we could be collecting people and aircraft remains in the Black Sea.
I cannot allow such a thing to happen. I ordered to let them fly, if we have to. With all clear (emphatically), and clearly knowing that we are not fulfilling our commitment, but it seemed easier to me to reach an agreement with NATO partners in the aftermath than for them to come and pull out pilots in coffins (applause). And, I truly hope that people in Moscow will not experiment with our friendly feelings, of the entire nation, towards them (applause). Because we took this decision with the leadership of the army, but we should not be provoked, because this is not a good example of good neighborliness and friendship. There are diplomatic channels through which all humanitarian transport can pass and, of course, we will allow it (applause).”
The senders of the signal want Sotir Tsatsarov to order a probe in whether the publicly-admitted by the Prime Minister action is not an act constituting “Treason” under Article 100 (2) of the Penal Code.
According to Article 100 (2), acts of a Bulgarian citizen who in any way assists a foreign State or public group abroad in conducting military or other hostile actions against the Republic are punishable with imprisonment from ten to twenty years, life imprisonment or life imprisonment without parole.
The statement of the Prime Minister clearly shows that the Russian State has initiated “hostile actions against the Republic”, namely implementing a plan for violation of our State border by aircraft of the Russian Air Force.
Under the laws of Bulgaria, our commitment as an ally in NATO, and in accordance with the international embargo against Syria, these aircraft should not be allowed to fly over Bulgaria. As Borisov himself says, what needed to be done is to have treated them according to what is clearly spelled out in the procedure for violators of our airspace, namely interception by Bulgarian jet fighters and forced landing. A refusal to obey provides for warning shots and as a last resort shooting down the offender-plane,” the signal to Tsatsarov stresses.
There is publicly available information for at least one flight of aircraft IL 62 of the Russian Air Force which has passed over Bulgaria on September 7 this year. The speech of the Prime Minister and other sources lead to the assumption that there were other similar flights for which there is no public information.
The Prime Minister claims that he has obstructed the interception of these aircraft by ordering to allow them to fly in Bulgarian airspace. Thus, he has actually supported the hostile actions against the Republic and our allies which consist of both the planned deliberate violation of the State border and a possible violation of the embargo against the regime of Bashar Assad in Syria to which Bulgaria has commitments as a member of EU and NATO.
Seizure of presidential powers
The authors of the signal also ask for a probe in whether the actions of Prime Minister Borisov in this case do not constitute a seizure of and interference with the constitutional powers of the President under Article 100, Paragraph 1 of the Constitution.
This Article defines the President as Commander in Chief and he alone has the right to issue orders to the Minister of Defense and to the Chief of Staff of the Armed Forces.
And disclosure of State secret
Tsatsarov is also asked to check whether the information that was made public by Borisov does not constitute “facts, information and objects of military, political, economic or other nature, knowledge of which from another country or foreign organization may harm the interests of the Republic and particularly its safety “, thus if Borisov has committed an offense under Article 357 of the Penal Code – “Disclosure of a State secret”.
The signal, sent through the website of the Prosecutor’s Office on September 14, 2015, is with entry number 3887/2015. The text is also shared on social networks with hashtag #100%Treason (#100на100) as a reference to the breached articles of the Penal Code and the Constitution.
This post is also available in: Bulgarian