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id: 70225 date: 7/5/2006 7:28 refid: 06SOFIA926 origin: Embassy Sofia classification: CONFIDENTIAL destination: 06SOFIA198 header: VZCZCXRO1994 PP RUEHDBU RUEHFL RUEHKW RUEHLA RUEHROV RUEHSR DE RUEHSF #0926/01 1860728 ZNY CCCCC ZZH P 050728Z JUL 06 FM AMEMBASSY SOFIA TO RUEHC/SECSTATE WASHDC PRIORITY 2159 INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE PRIORITY RUEAWJA/DEPT OF JUSTICE WASHINGTON DC PRIORITY RUEATRS/DEPT OF TREASURY WASHINGTON DC PRIORITY RHEHNSC/NSC WASHINGTON DC PRIORITY C O N F I D E N T I A L SECTION 01 OF 03 SOFIA 000926 SIPDIS SIPDIS DEPARTMENT FOR NCE AND INL JUSTICE FOR OIA, OPDAT, CRIM DIV AND AG TREASURY FOR FINCEN E.O. 12958: DECL: 07/06/2016 TAGS: PREL, PGOV, KCOR, KCRM, OVIP, BG SUBJECT: BULGARIAN CHIEF PROSECUTOR'S JULY 9-13 VISIT TO WASHINGTON REF: SOFIA 198 SOFIA 00000926 001.2 OF 003 Classified By: Ambassador John Beyrle, reasons 1.4(b) and (d). 1. (C) SUMMARY: New Chief Prosecutor Boris Velchev is arguably Bulgaria's best hope for fighting organized crime and related political corruption. His position under the constitution gives him vast powers, which, if wielded effectively, could put a major crimp in the activities of organized crime figures and corrupt politicians. However, he has cautioned supporters against unrealistic expectations in the short term, arguing that sustainable change takes time. Saddled with his predecessor's venal legacy, Velchev began his term with a strident commitment to build solid cases against organized crime (OC) figures and assert control over an undisciplined prosecutorial system. His ambition is bridled, however, by the highly centralized and hierarchical system he inherited, which makes it difficult to fire even notoriously corrupt prosecutors. Nevertheless, he has taken the first steps toward pushing some of the worst offenders overboard by asking the Supreme Judicial Council to dismiss two senior prosecutors. He has also successfully requested parliament to lift the immunity of seven MPs accused of corruption and other crimes. We should emphasize our strong support for his reform agenda and encourage him to develop alliances within the government to smooth the rocky road ahead. END SUMMARY. ----------------------------- VELCHEV: ONE OF THE GOOD GUYS ----------------------------- 2. (C) From the very beginning of his term, Velchev has said all the right things. His priorities align closely with ours, and he has demonstrated a great rceptivity to U.S. assistance. His shared interet in the issues we care about ) OC, corruption, udicial reform ) makes him a key partner in pushig through reforms. Velchev has impressed us with his commitment to building solid cases against oranized crime figures and asserting control over he unruly prosecutorial system. He has consistetly voiced his intention to introduce critical reorms to strengthen Bulgaria's lethargic and corrption-ridden prosecutorial system, but he is thefirst to admit that he has not yet accomplished uch. Though under pressure from Brussels and th Government to show results before the European Cmmission's September monitoring report, Velchev cations against expecting high-profile results in he short term, arguing that sustainble change requires longer than the four months he has been in office. 3. (C) Velchev has already taken steps to root out corrupt elements in government. He has initiated proceedings to strip seven MPs of their criminal immunity in order to bring charges against them. The Service is reexamining cases closed by former CP Filchev without prosecution, as well as those opened by Filchev solely to harass his personal and political enemies. Velchev is expected to initiate disciplinary proceedings against two prosecutors after an internal investigation found evidence of improper suppression of case files over a two-year period. These steps only mark the beginning of a much needed housecleaning of the whole Prosecution Service. Because of his strained relationship with Interior Minister Petkov, however, it is difficult to predict whether Velchev will be successful in his plan to organize special district-level units focusing on OC, corruption, and money-laundering and to link these units to similar specialized units within the MoI. 4. (C) Despite what we assess as his good intentions, Velchev's ability to restructure the prosecutorial system is restricted by entrenched interests and laws that divide the Prosecution Service into two branches ) the Supreme Cassation Service and the Supreme Administrative Service. Although the law prevents him from elevating the director of the Anti-Corruption Department to the level of Deputy Chief Prosecutor, he recently named two additional Deputy CPs, who are expected to oversee new administrative and internal inspection divisions. He has appointed a prosecutor to be spokesman of the Supreme Cassation Service ) a critical public relations move that Filchev never made ) while also serving as head of the Anti-Corruption Department, a move that combines both posts. SOFIA 00000926 002.3 OF 003 ------------------------------------------- ENTRENCHED INTERESTS INHIBIT CP'S POTENTIAL ------------------------------------------- 5. (C) Weakening the grip of OC and corruption is a key objective for Velchev, who is quite aware that Brussels is looking over his shoulder. Notwithstanding the omnipresence of "mutri" (thugs) on Sofia streets, Velchev's forcefully articulated desire to root out OC is encouraging. But commitment alone will not suffice to jumpstart these efforts. He will need the active cooperation of Interior Minister Petkov, with whom Velchev has a strained personal and professional relationship. While maintaining a "correct" public relationship, Velchev and Petkov privately blame each other for Bulgaria's lack of success in fighting organized crime and related political corruption. In a recent conversation with us, Velchev blamed both the Minister and his institution for the lack of success in setting up joint teams to fight organized crime, implying that Petkov himself had links to OC figures, saying that the MoI as an institution refused to share information, and suggesting that corruption was pervasive throughout the MoI. 6. (C) Velchev is also dealing with the legacy of his predecessor. During his seven-year term, Nikola Filchev developed a reputation as perhaps the most corrupt and malevolent high-ranking official in Bulgaria. Unfortunately for Velchev, both the Supreme Cassation Service and the Supreme Administrative Service are headed by Deputy Chief Prosecutors who had close ties to Filchev and have two or three years left in their terms. Under the Bulgarian constitution, Velchev cannot fire them outright to make room for more reform-minded appointees, but must instead convince the 24-member Supreme Judicial Council to dismiss them. The constitution provides for only a handful of circumstances under which prosecutors and other magistrates can be dismissed, including criminal malfeasance. Velchev's desire to promote the head of the anti-corruption directorate to become a third Deputy CP requires a change in law, pushing this proposal to the backburner for the time being. 7. (C) Despite these impediments, Velchev is Bulgaria's best hope for convincing Brussels that it is serious about fighting organized crime and rooting out corruption. His efforts to spearhead judicial reform and to strip MPs of their immunity have been well received by the EU, and observers have their fingers crossed that the October report will acknowledge that Bulgarians have shown the political will to clear the dead wood out of the prosecutorial system. For its part, the EU has offered minimal guidance, contending on one hand that Bulgaria must take serious steps to curb OC and corruption, but on the other hand keeping mum on the specific steps that would demonstrate enough progress to win its confidence. ---------------------- THE MAN AND THE SYSTEM ---------------------- 8. (U) Elected by the Supreme Judicial Council and appointed by the president, the Chief Prosecutor sits at the top of a rigidly hierarchical institution that urgently needs the energy and vision that Velchev brings to the job. The court system consists of regional, district, appellate, and military courts, as well as the Supreme Cassation Court and the Supreme Administrative Court. The Constitutional Court is separate from the rest of the judiciary. The sole educational requirement for judges and prosecutors is the Bulgarian equivalent of a bachelor's degree in law. The Prosecution Service staffed almost entirely by prosecutors hired under former CP Filchev and highly resistant to change. Only recently have younger ) and presumably less conservative ) prosecutors been appointed to the Prosecution Service. Despite the CP's efforts to encourage prosecutors to disclose their material assets, only 7-8 of the 1200 prosecutors have complied thus far. 9. (C) Public opinion is generally supportive of Velchev, who is widely respected as an academician and whose idiosyncratic manner and offbeat sense of humor many find endearing. Until his election as Chief Prosecutor, he worked as an associate professor in criminal law, heading the President's Legal Council and lecturing on criminal law at local universities. His opponents note his lack of experience as a prosecutor, his political orientation toward SOFIA 00000926 003.2 OF 003 the Socialists, and his family's Communist-Party pedigree (Velchev's grandfather was a Politburo member and his father was an ambassador to Moscow). Blunt yet refined, Velchev possesses an offhand wit and sarcasm that translate cleanly in his flawless English. -------------------------------------- COMMENT: WHAT VELCHEV NEEDS TO HEAR... -------------------------------------- 10. (C) A strong message of support from the Attorney General and other USG officials will strengthen Velchev, who faces institutional as well as political resistance to his stated goal of ending the near-impunity enjoyed by crime bosses and corrupt politicians in Bulgaria for at least the last 15 years. A long-time academic, Velchev is vulnerable to criticism that he lacks real-world experience as a prosecutor. Yet his ability to identify with career prosecutors will be essential to changing the existing mentality and overcoming internal resistance to the changes he seeks. He is now working to build a personal relationship with his staff, although many prosecutors ) particularly those in Sofia ) maintain ties with Filchev and a work ethic learned during his tenure. Velchev's ultimate success will depend on strengthening morale and allaying prosecutors' fears of retaliation once they begin investigating cases more aggressively. He must convince them that the old system is a thing of the past ) the task of changing directions in midstream and moving toward sustainable reform of this office is Herculean, requiring a dedicated leader who can secure buy-in from all involved. Few people doubt Velchev's sincerity or his intelligence, but it is still not clear that he has the necessary political skill and bureaucratic toughness to put Bulgaria's untouchables behind bars. We should emphasize our strong support ) moral and otherwise ) for his reform agenda and encourage him to develop alliances within the government to smooth the rocky road ahead. ----------------- ...AND CARRY HOME ----------------- 11. (C) In terms of specific deliverables, we should offer to begin negotiations on an updated extradition treaty, which would replace the existing treaty that was last amended in the 1930s. The extradition of Bulgarian nationals was disallowed until amendments to the Bulgarian constitution were passed last year, so this meeting gives us the perfect opportunity to initiate talks on the draft treaty. C-175 negotiation authority passed the inter-agency clearance process and has received final approval from the Department. END COMMENT Beyrle
