The complaint against Bulgaria, filed by the company Crash 2000 and the 70 owners of apartments in the illegal „Golden Pearl“ complex in the Park Strandza, was conclusively rejected by the European Court of Human Rights in a final rule.
Crash 2000 and the owners were suing for infringement of rights to benefit from their property. The court rejected their claims by arguing that the real estate company was or should have been aware of the uncertainty arising from the order declaring the territory protected and the ensuing restrictions on its use.
The decision makes clear that 70 of the company’s clients of various nationalities who, between December 2004 and November 2006, concluded preliminary contracts with the company for the purchase of apartments. The company undertook to construct apartments for the buyers and to transfer them ownership rights after completion of the buildings. The buyers paid 30% of the price upon signing the preliminary contracts.
Subsequent to the purchase, the company requested that its newly acquired land be reclassified from agricultural to developable land for a holiday resort. It submitted a development project to the regional inspectorate of the Ministry for Environment and Water, which included the intention to build on the land. The company received two letters from two deputy ministers, in July 2005 and October 2005 respectively, the first one informing it that an environmental impact assessment was required before the project could be approved, the second one stating that no such assessment was necessary and approving the project.
False ministerial letter about which the prosecution remains stubbornly silent
One the base of the second letter, the Mayor of Tsarevo, Petko Arnaudov, approved the detailed development plan and the land commission changed the classification of the land to territory eligible for holiday buildings. The chief architect issued construction permits.
In early February 2006, the Ministry sent a third letter to the company confirming the need for an environmental impact assessment. The directorate of the national park, represented by Stefan Zlatarov, issued an order suspending construction on the land.
The decision of the Court also lists the other stages of the judicial and parliamentary saga, including the controversial decision of Petko Arnaudov to challenge the very existence of Park Strandza. After five years of legal and administrative procedures, in April 2012, the construction erected by Crash-2000 was completely destroyed.
Who built „Golden Pearl“ with false documents?
The Court’s decision, however, lacks the essential information that the second letter of July 2005 was a fake, which was proven by the prosecution. It remains unknown to this day how this fake letter turned out in the municipality of Tsarevo; was it filed under the respective number; who violated the law by using fake documents and who profiteered?
The prosecution completely ignored the signal of journalists from Bivol, in which they insists on a probe in the role of the legal counsel of Tsarevo municipality Evgeni Mosinov and the Mayor of Tsarevo Petko Arnaudov, both activists of the Bulgarian Socialist Party, BSP, in the use of false documents.
The very company Crash -2000 is a classic cover for the interests of individuals close to the Movement for Rights and Freedoms, DPS. Ultimately, the actual ownership emerged after the land under the illegal construction proved to be possession of a company owned by former Multigroup boss Nikolay Valkanov who paid the royalty of one million levs to Ahmed Dogan for hydrology consulting.
In the summer of 2013, the government of BSP and DPS exonerated “the liquidator of Strandza,“ Arnaudov, making him the head of the forestry in Tsarevo without paying any attention to public outrage.
According to information of Bivol, the director of Park Strandza, Stefan Zlatarev, thanks to whom the construction of „Golden Pearl“ was stopped and subsequently destroyed, is targeted by the vengeful „liquidators“ from BSP and DPS, who want to replace him with an obedient party activist.