SOFIA -- Ever since Ivan Geshev, then the only candidate, was chosen in 2019 to become Bulgaria's next prosecutor-general, critics at home and abroad have been demanding his dismissal, citing what they called his checkered record before and during his tenure as the nation's top law enforcer.
Their wish was finally fulfilled last week when Bulgarian President Rumen Radev signed off on the Supreme Justice Council's (VSS) decision to fire the controversial 52-year-old prosecutor halfway through his seven-year term.
But the council's rushed vote, triggered by a crude remark Geshev made about parliamentarians rather than his actions as prosecutor, was anything but a victory for Bulgarian judicial independence and reform, experts said.
It reeked of political intrigue, which has been at the heart of the judiciary's -- and the country's -- problems.
"Even though there are numerous objective reasons to remove Geshev, the current vote is not an indication of judicial reform or strengthened independence of the judicial system. Rather it confirms the long-standing critique of a highly politicized judiciary," Emilia Zankina, the dean of Temple University Rome and a Bulgaria expert, told RFE/RL.
Geshev had in recent months come under renewed Western pressure for his failure to tackle high-profile corruption and back judicial reform. He had allegedly become too much of a liability for his political backers, who were looking for an excuse to cut ties with him.
During a May 15 press conference in Sofia to address parties' demands for his dismissal, Geshev called members of parliament "political garbage" that should be "swept away." The remarks were outrageous, but not entirely surprising given the rough-and-tumble nature of Bulgarian politics.
Yet, the VSS -- which had long turned a blind eye to criticism of Geshev -- suddenly sprung into action, concluding that the prosecutor-general's comments undermined the prestige of the judiciary. The council voted earlier this month to dismiss him, a decision the president subsequently approved.
Geshev's rapid downfall coincided with the formation of a new coalition government between rivals GERB, a center-right party that has dominated Bulgarian politics for much of the past 15 years, and We Continue the Change- Democratic Bulgaria, a pro-Western reformist bloc that had made the his dismissal its top priority.
Days before Geshev's May 15 outburst, GERB's Maria Gabriel, who was tapped to form a new government after the party's first-place finish in April parliamentary elections, said she would ask the new justice minister to pursue the ouster of the prosecutor-general. It was a sign, experts say, that Boyko Borisov, the former long-serving prime minister and powerbroker who reportedly calls the shots at GERB, was ready to sacrifice Geshev to maintain power via the coalition.
"The political loyalty of a good number of the members of the VSS to Borisov is no secret, hence, the current vote only confirms the fallout between Geshev and Borisov," Zankina said.
Geshev had successfully staved off prior attempts to fire him for more serious reasons because of Borisov's backing, experts say. Geshev and his predecessor, Sotir Tsatsarov, were repeatedly accused by critics of stalling and obstructing investigations into a series of mysterious blasts in Bulgarian arm depots, which some evidence suggested was due to Russian sabotage.
Justice Minister Nadezhda Yordanova last year presented to the VSS nine cases that she said demonstrated Geshev's lack of professionalism. But the VSS, the only body with the power to remove the prosecutor-general, voted to keep him on.
In 2021, the VSS didn't even accept a request by Yordanova's interim predecessor, Yаnaki Stoilov, to hold a hearing on Geshev's possible dismissal.
Amid the backdrop of growing Western frustration with his work, Geshev claimed on May 1 that a bomb exploded along a road as his car passed, describing the alleged event as a terrorist act. Critics called it a staged incident to strengthen his image as a crime fighter who is under attack by organized crime.
Geshev's narrative quickly unraveled, turning him into a liability even for his supporters. "Borisov no longer can afford to support Geshev without losing political capital. The moment that Geshev has become too much of a liability for Borisov's reputation, Borisov is ready to dispose of him," Zankina said.
Endemic Corruption
Bulgaria has long been considered one of the most corrupt European Union members, a dubious honor connected to the judiciary's lack of independence. The Prosecutor-General's Office has long been viewed by both domestic and international critics as a blunt tool of the ruling elite to block investigations into their own members and target their opponents.
Washington and Brussels have for years been leaning on Bulgaria, which is also a NATO member, to reform the judiciary, including trimming the prosecutor-general's sweeping powers, and strengthening the office's independence.
The Bulgarian prosecutor-general has more power than counterparts in the EU, holding the final say on whether to initiate, prolong, or end an investigation. Critics say it is very hard to hold the prosecutor-general accountable for any wrongdoing.
Bulgaria's constitution calls for an independent prosecutor-general to be chosen -- and dismissed if necessary -- by the 25-member VSS on the basis of professional qualifications. However, experts say the VSS -- a body of legal experts chosen by parliament members, lawyers, and judges -- has been a fig leaf for control by Borisov.
There is some evidence to back up that claim.
In 2013, a recording was published of a conversation supposedly between Borisov, the former city prosecutor of Sofia, Nikolay Kokinov, and former Agriculture Minister Miroslav Naidenov. When the topic of the conversation turned to then-Prosecutor-General Tsatsarov, whom the VSS had just elected, the man thought to be Kokinov is heard saying to Borisov "you chose him."
Borisov seemed to confirm his significant influence over the Prosecutor-General's Office shortly after Geshev's appointment, rhetorically asking during a 2019 television interview: "Whom should I appoint?" Borisov also said in the interview that he had held discussions about other possible candidates but determined "there is no one better [than Geshev], only lazier ones."
Critics say Geshev was beholden to Borisov and Delyan Peevski, a media tycoon and influential powerbroker who controls the centrist Movement for Rights and Freedoms (DPS), among the top four parties in the country.
Geshev's term was marked by the protection of GERB and DPS officials and attacks against their opponents. He did not win a conviction in any high-profile case during his 3 1/2 years at the helm and he repeatedly demonstrated consensus with GERB and DPS, all jointly opposing the closure of a notorious specialized prosecutor's office that he once ran.
In a rare rebuke of a NATO member, the U.S. Senate Foreign Relations Committee issued a statement in 2021 expressing concern about democracy and the rule of law in Bulgaria. It directly cited the judiciary as a problem.
A few months later, the United States placed sanctions on Peevski, his alleged right-hand man Ilko Zhelyazkov, and gambling tycoon Vasil Bozhkov for corruption, a move some experts said was meant as a signal for Geshev to go after high-profile graft.
In its statement announcing the sanctions, the U.S. Treasury claimed that Zhelyazkov threatened to have the Prosecutor-General's Office open a case against a candidate for a ministerial position if that individual did not offer assistance upon taking office.
In December 2022, prior to the most recent designations, U.S. Representative Warren Davidson (Republican-Ohio), a member of the House Financial Services Committee, sent a letter to Treasury Secretary Janet Yellen, blasting Geshev's failure to investigate those on the U.S. sanctions list.
A new round of U.S. sanctions against several members of the Bulgarian elite followed in February with speculation that another round could come later this year if no progress was made.
Ivan Bregov, an analyst at the Sofia-based Institute for Market Economics, said the VSS's decision to dismiss Geshev for his comment rather than serious prosecutorial breaches and systematic nonperformance of official duties "undermines and dilutes the entire democratic procedure itself."
He also said that removing Geshev is not enough and that his election by the SJC should be investigated, adding it was "already clear then that he was unfit" for the job. "If reforms [to the judiciary] are to be made, this needs to be investigated. The removal of Geshev cannot be the end. The knot needs to be untangled, and it must have political implications," he said.
Bilyana Gyaurova-Vegertseder, the director of the Bulgarian Institute for Legal Initiatives, agreed that Geshev's departure is no silver bullet. She said the country has struggled to build an independent judiciary since shedding one-party communist rule more than 30 years ago and that Geshev's dismissal won't "magically solve the problem."
Parliament has been discussing judicial reform for years with little progress. However, there has been more momentum lately, including support from the likes of GERB, DPS, and even Peevski personally.
Gyaurova-Vegertseder remains skeptical, however. She said that no Bulgarian government has shown a real interest in guaranteeing judicial independence since the collapse of communism three decades earlier.
"This rush at the moment, combined with the surprising desire of the DPS and other forces to amend the constitution, raises questions for me, rather than reassuring me," Gyaurova said.
Geshev, however, is unlikely to disappear from Bulgarian political life. In a YouTube statement on June 19, he said he had resigned as prosecutor-general and hinted that he would enter politics.
"Today I speak to Bulgarians in Bulgaria, as I promised, with the clear understanding that political problems are solved by political means. Today I promise you one thing: to continue the fight for truth and justice in our fatherland," he said.
