At the same time, the Assembly notes a number of concerns
and worrying trends, in particular as regards the functioning of
the judiciary, the fight against corruption, the independence of
the media and the rights of people belonging to minorities. In order
to remedy the situation, it calls on the Bulgarian authorities to
take the following steps in the near future, the implementation
of which it will closely follow:
7.1 consult
systematically the Venice Commission on important draft laws, including
the revision of the Criminal Code, the Criminal Procedure Code and
the new Electoral Law, in order to take European standards fully
into account;
7.2 address, from the point of view of the separation of powers
and in line with Venice Commission’s recommendations, the structure
of the Supreme Judicial Council with a view to ensuring the independence
of the judiciary with regard to the executive authorities, including:
7.2.1 reviewing the role of the Minister
of Justice as Chair of the Supreme Judicial Council with the right
of initiative;
7.2.2 ensuring that, within the Supreme Judicial Council, judges,
prosecutors and investigating magistrates cannot interfere with
each other’s affairs;
7.2.3 providing for an election of the parliamentary component
of the Supreme Judicial Council by a qualified majority to enable
a certain representation from the opposition;
7.3 provide, in co-operation with the Council of Europe, initial
training for judges before their appointment and set up a transparent
system of evaluation of their competences to help dispel the widespread
perception of corruption and mistrust in the judiciary;
7.4 step up efforts to combat corruption with assistance from
the Council of Europe and take measures which would provide sufficient
guarantees for an independent investigation into offences in respect
of which the Chief Public Prosecutor or other high-ranking officials
close to him may themselves be questioned and placed under investigation;
7.5 continue to address human rights abuses by law-enforcement
officials through systematic human rights training, in particular
at the police academy and in officers’ schools, and by taking concrete measures
to eradicate impunity and the lack of accountability for such abuses;
7.6 amend Articles 146 to 148 of the Criminal Code to exclude
defamation and insult from the criminal sphere;
7.7 guarantee a greater diversity of opinion on national television,
ensure independence of the media and, in particular, consider drafting
a media law which would address the issue of media group concentration
and set standards for media independence from any kind of political
or financial influence, with the assistance of Council of Europe
experts;
7.8 improve the rights of the persons belonging to minorities
and ensure their respect, especially as regards teaching of and
in their languages, promote knowledge of the culture and identity
of minorities, foster intercultural dialogue and tolerance through
education, taking into consideration the recommendations of the
Council of Europe Human Rights Commissioner in his report of February
2010, and increase the real opportunities for persons belonging
to minorities to apply for job vacancies in the police and in public
services;
7.9 sign and ratify the European Charter for Regional or Minority
Languages (ETS No. 148);
7.10 introduce within the National Assembly specific mechanisms
and procedures for effective parliamentary oversight of the implementation
of the judgments of the European Court of Human Rights on the basis
of regular reports by the responsible ministries;
7.11 support the activities of the Commission for Protection
against Discrimination while ensuring the monitoring of its use
of public funds;
7.12 support the National Council for Co-operation on Ethnic
and Demographic Issues under the responsibility of the Council of
Ministers and actively tackle the human rights problems of the Roma, taking
a comprehensive approach;
7.13 publicly condemn hate speech by certain political leaders
against minorities and take concrete actions to foster tolerance
and mutual respect, encourage exemplary behaviour of the political
leaders in this respect and ban openly racist language;
7.14 introduce transparent procedures for the appointment and
dismissal of the Ombudsman by the National Assembly by a qualified
majority of votes;
7.15 consider the claims of the former prisoners of Belene
Island in accordance with the Bulgarian Act on Political and Civil
Rehabilitation of Persons Repressed During the Totalitarian Regime;
7.16 find speedily, in co-operation with the Turkish authorities,
a solution for pending pension issues in respect of those who were
forced to emigrate to Turkey in 1989.
