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2007 Assessment

Bulgaria: Integrity Indicators Scorecard

Bulgaria: Integrity Scorecard Report > Sub-Category: Law Enforcement
Indicators		Score
80	Is the law enforcement agency (i.e. the police) effective?	67
81	Can law enforcement officials be held accountable for their actions?	92

Indicator and sub-Indicator Details

Is the law enforcement agency (i.e. the police) effective?

80a: In practice, appointments to the law enforcement agency (or agencies) are made according to professional criteria.

Score:

100

Comments:

References: Interviews with Yonko Grozev, CLS, and Mila Georgieva, Supreme Prosecutorial Office, October-November 2007

Peer Review Comments: No objective index exists for this, so it is fair to give 50/50.

80b: In practice, the law enforcement agency (or agencies) has a budget sufficient to carry out its mandate.

Score:

100

$Scoring Criteria :: 100 Score Criteria: The agency (or agencies) has a budget sufficient to fulfill its basic mandate. <p>50 Score Criteria: The agency (or agencies) has limited budget, generally considered somewhat insufficient to fulfill its basic mandate. <p>0 Score Criteria: The agency (or agencies) has no budget or an obviously insufficient budget that hinders the agency\'s ability to fulfill its mandate.$

Comments: In proportional terms, the budget of the law enforcement agencies is substantial. There are no serious reports of underfunding, apart from some complaints about car parks and facilities.

References: In proportional terms, the budget of the law enforcement agencies is substantial. There are no serious reports of underfunding, apart from some complaints about car parks and facilities.

80c: In practice, the law enforcement agency is protected from political interference.

Score:

100

Comments: There is a formal separation of the political and the management sides of the Ministry. However, the law enforcement agencies are not fully protected from political interference.

References: Interviews with Yonko Grozev, CLS, October 2007.

Peer Review Comments: In the last couple of years, political interference has not been that noticeable and mainly affects the upper levels.

Can law enforcement officials be held accountable for their actions?

81a: In law, there is an independent mechanism for citizens to complain about police action.

Score:

YES

Comments: According to the Constitution citizen complaints can be submitted to the Ombudsman, the Minister of Interior and the courts. The first and the last of these three are independent from the government. The Prosecutors could also consider citizens' complaints.

References: According to the Constitution citizen complaints can be submitted to the Ombudsman, the Minister of Interior and the courts. The first and the last of these three are independent from the government. The Prosecutors could also consider citizens' complaints.

Peer Review Comments: Citizens also can complain by addressing Parliaments Combating Corruption Committee and Citizens Complaints and Petitions Committee. See [ LINK ].

81b: In practice, the independent law enforcement complaint reporting mechanism responds to citizen's complaints within a reasonable time period.

Score:

100

Comments:

References: There are no reports of substantial delays in this regard.

81c: In law, there is an agency/entity to investigate and prosecute corruption committed by law enforcement officials.

Score:

YES

Comments: First Source: There are actually a number of agencies that target corruption within the Ministry of Interior. The National Security Service targets corruption which involves foreign participants.

Second source: The National Service for Countering Organized Crime targets corruption when it is linked with organized crime:

References: Law on the Ministry of Interior, 46(1)9

Art. 90 (1)

Peer Review Comments: The main body to investigate corruption within the Ministry of Interior is the internal Inspectorate.

Peer Review Comments: The Inspectorate Department within the Ministry of Internal Affairs, which is separate from the police, has a legal mandate to counteract corruption in the law enforcement agencies.

81d: In practice, when necessary, the agency/entity independently initiates investigations into allegations of corruption by law enforcement officials.

Score:

100

Comments:

References: There are no independent assessments of the efficiency of these bodies. All rankings in this regard are a bit speculative and rely on my interviews with most of the people mentioned thus far, as well as others.

81e: In law, law enforcement officials are not immune from criminal proceedings.

Score:

YES

Comments:

References: The Bulgarian Constitution does not grant such immunities.

81f: In practice, law enforcement officials are not immune from criminal proceedings.

Score:

100

Comments: This year six police officers received heavy sentences for killing a suspect upon arrest. There was a significant outcry against these sentences, which suggests that apart from police solidarity, there are also public sentiments against penalizing law enforcement officers for misconduct in the fight against crime. The source shows an example.

References: [ LINK ]

Peer Review Comments: In 2007, six police officers received heavy sentences for killing a suspect upon arrest. Although there was significant outcry against these sentences, the sole fact that there was sentencing proves that law enforcement officials are not immune from criminal proceedings.

Peer Review Comments: The above-mentioned case clearly shows that law enforcement officers are not immune from criminal proceedings.