False Start in Case of Illegal Spying on Bulgarian Investigator

Dimitar Stoyanov

On February 21, 2019, the Sofia City Court made an unsuccessful attempt to launch the case over the complaint of “maverick” investigator Boyko Atanassov of illegal wiretapping against him and his family. It was filed on December 21, 2017, under the State and Municipalities Liability Act. In his complaint, Atanassov also refers to the European Convention on Human Rights.

The case is being heard by the 13th Panel of the First Civil Division in the Sofia City Court, chaired by Judge Rossen Dimitrov. However, the start of the hearing in the case failed because it turned out that

The prosecutor was missing

“For over a year, no one has found it necessary to constitute the Prosecutor’s Office as a party in the process. That is, to have it exert oversight on the legality in terms of process,” said Georgi Yordanov, a lawyer for and a former colleague of Boyko Atanassov. When the parties entered the courtroom, Deputy City Prosecutor Yavor Dimitrov was present, but he then disappeared somewhere to return to the courtroom only after the case was postponed.

Illegal warrant from the District Court to apply special surveillance devices against Boyko Atanassov and his family.

“Today, there was a prosecutor in the courtroom who, in my opinion, was waiting to be constituted as a party in the case, but when we entered, I did not understand why he had to run away,” Yordanov said.

Although there is an option to constitute a party during the hearing, this did not happen and the case was postponed to April 18, 2019. Probably by that date, at a closed court hearing, the court will constitute the Prosecutor’s Office as a party in the trial.

Atanassov’s lawyer stressed that the case is really simple and easy to solve, as there is an opinion from the National Bureau of Control of the Special Surveillance Devices, which clearly states that the eavesdropping on Atanassov had been illegal.„Днес в залата дойде един прокурор, който според мен чакаше да бъде конституирам, но когато влязохме не разбрах защо избяга.“ – коментира още Йорданов.

The eavesdropping warrant had been issued by an unauthorized body – the Sofia District Court as only the Sofia City Court has such authority with regard to magistrates (judges, prosecutors and investigators). Yordanov is firm that Atanassov and his family have been spied on, tapped and tailed throughout the country and the actions of the Interior Ministry and the Prosecutor’s Office violate many of their rights.


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