KATİ PİRİ BULGARİSTAN RÜŞVET RAPORUNU SUNDU

Kati Piri (NL) and Kathleen van Brempt (BE) to present report with 150 testimonies

The Bulgarian government needs to take more action to combat corruption at the Turkish-Bulgarian border crossing. This is the conclusion of MEPs Kati Piri (NL) and Kathleen van Brempt (BE) after they collected 150 citizens’ complaints, which they will hand over to the Bulgarian government on Wednesday.

The report contains testimonies of travelers who faced corruption at the border crossing in the last few years. Most of them describe situations, in which they have to pay bribes to avoid extensive car checks, and complain about the mandatory payment for ‘disinfection’ of cars. This ‘disinfection’ costs €3, and consists of nothing more than some water being sprayed on the vehicles and causes long queues and unnecessary costs. And although there have been several police actions against this form of corruption, no one has been convicted in recent years.

Kati Piri: "The rights of EU citizens are being violated by a country that will soon be holding the EU presidency. This corruption must come to an end. Bulgaria joined the EU ten years ago and has received millions of grants to fight corruption, but far too little progress has been made."

MEPs Kati Piri and Kathleen van Brempt would like to cooperate with the Bulgarian government to put an end to corruption, so all EU citizens will be able to travel freely and without problems through the country. To that end, they will work together to set up a monitoring system for July-August 2018, in order to be able to evaluate whether the complaints have been addressed properly.

"Complaints are coming in every summer, travelers have come to think it is normal that they have to pay bribes. If you read the stories, it is difficult to believe that this is possible within the European Union", says Kati Piri.

Kati Piri and Kathleen van Brempt have submitted a written question to the European Commission this summer, but they have not been answered yet.

Read Full Report: http://www.katipiri.nl/wp-content/uploads/2017/12/TestimoniesbyEUcitizensoncrorruptonwhilecrossingBulgaria_def.compressed.pdf "

Sincerely, Introduction Kathleen van Brempt MEP & Vice-President S&D Belgium Kati Piri MEP & EP Turkey rapporteur The Netherlands Güler Turan MP Flemish Parliament Belgium Güler Turan 2 Alleged corrupt practices affecting EU citizens crossing Bulgaria to and from Turkey I. The Major Complaints Based on the complaints received from EU citizens travelling to Turkey via Bulgaria

Testimonies by EU citizens on corruption while crossing Bulgaria Report Introduction Alleged corrupt practices affecting EU citizens crossing Bulgaria to and from Turkey The major complaints Allegations of corrupt behaviour of border and customs officials Measures taken in the past by Bulgaria to tackle corrupt practices at its borders The perception of corruption in Bulgaria Lack of follow up with prosecution of corruption of border officials: the examples The controversial practice of obligatory disinfection at the border Alleged disproportionately long waiting time at the border Alleged abuse by the traffic police Alleged abusive pricing of road vignettes Annex I: Testimonies by EU citizens Annex II: Question to the European Commission Annex III: Press Annex IV: Information on border control at the Bulgarian-Turkish and Bulgarian-Serbian Border by Bulgarian Ministry of Interior 2 3 4 4 4 5 5 6 8 9 9 11 104 106 118 During the summer months of 2017, we received hundreds of complaints from mainly Belgian and Dutch EU citizens about their experiences in Bulgaria when travelling to and from Turkey for holidays. The number of their complaints and the description of the problems they encountered are to be taken seriously. Therefore we decided to publish them in this report, in light of the Bulgarian EU Presidency as of 1 January, 2018. Our goal is that all our citizens will be able to travel freely and without problems through Bulgaria during the coming summer period. We hope that this collection of citizens’ complaints will contribute to that end and help the Bulgarian authorities to take stock of travellers’ grievances and address them effectively. To that end, we offer to work together to set up a monitoring system for July-August 2018, in order to be able to evaluate whether the complaints identified by us have been addressed properly. As parliamentarians we have a duty to tackle the issues that the people we represent are confronted with, and we are confident that, by co-operating with the Bulgarian government in this manner, we will be able to do so. Since mainly people of Turkish origin appear to be the victims of the practices signaled to us, they have the impression that they are treated as second-rate EU citizens. The difficulties which they reported to us this year, are not new as such. But it is alarming that these practices continue to exist ten years after Bulgaria’s accession to the EU. The most frequently mentioned complaints concern: • bribes solicited by border and customs officials; • the obligation to pay ‘disinfection’ fees; • excessive waiting times at Turkish-Bulgarian border; • bribes solicited by police officers when crossing the country; • overcharging of road vignettes. In advance of the publication of this paper all the complaints have been translated into English, we published written questions to the European Commission, from the Dutch and Belgian governments reactions were demanded by members of parliament, we held meetings with various stakeholders, and did further research. We also received a letter from the Bulgarian government providing information which you will also find annexed. We are not convinced by the Bulgarian authorities’ claim that an investigation into the complaints made public by us earlier, did not confirm any of the allegations. We have received too many testimonies for this, all confirming the same practices. Therefore we hope that these citizens’ testimonies will be treated with the appropriate seriousness and that the dialogue does not end here – but that effective action will lead to a significant reduction of complaint cases the coming year. Sincerely, Introduction Kathleen van Brempt MEP & Vice-President S&D Belgium Kati Piri MEP & EP Turkey rapporteur The Netherlands Güler Turan MP Flemish Parliament Belgium Güler Turan 2 Alleged corrupt practices affecting EU citizens crossing Bulgaria to and from Turkey I. The Major Complaints Based on the complaints received from EU citizens travelling to Turkey via Bulgaria, we have identified the following most common grievances, indicating corruption and maltreatment of travellers. We will let the facts speak for themselves. Allegations of corrupt behaviour of border and customs officials The necessity to pay bribes at the Bulgarian-Turkish border seemingly continues to be a persistent problem, although some people do mention that it used to be worse in the past. What is reported most frequently, is that travellers feel obliged to put a note of 5 EUR in their passport, when handing it over to the border officials. Quote: “I crossed the border in Bulgaria. We waited for a long ten hours. The border control police asked me for money. I had to put 10 EUR in the passport. If not, they’ll ask for it. If you refuse, you can wait for hours.” Or: “The officers at the border disassemble your whole car unless you put 20 EUR between every passport. The things you bought, presents, It’s like roulette. You never know why they pick you and what they are looking for. Entire suitcases are opened and emptied. Similar complaints have been received about corrupt customs officials: “The behaviour of the officials was always cold and distant. Since 2 years a lot of bribes have also been demanded, that means for example I had to go through 4 booths and was asked by the officials to pay 5 EUR ‘drinking money’.” And: “In Bulgaria our luggage was checked, it is like roulette. You never know why they pick you and what they are looking for. We smoke, nor drink. Entire suitcases are opened and emptied. If you don’t have any cash, they’ll ask for Red Bull, a pack of cigarettes, etc.” Measures taken in the past by Bulgaria to tackle corrupt practices at its borders “In the area of border control, officers working in corruption risk zones are rotated regularly. A risk register is maintained on personnel and regular police operations are carried out by mobile control and monitoring groups with participation of relevant law enforcement services. An email and telephone hotline has been made available to citizens who experience irregularities at the border. Video surveillance has been introduced at the border which, aside from controlling movements over the border, should also limit the opportunities for corrupt activities. With regard to training and human resource management, measures were taken to incorporate anti-corruption content in all courses of the MoI Academy. An integrity test procedure was developed for use in the initial selection of staff for appointment at the Ministry of Interior. In October 2016, the National Assembly adopted amendments to the Ministry of Interior Law which will provide the legal basis for the introduction of inspections of integrity and for the assessment of personal property declarations of ministry personnel based on information from public registries. The anti-corruption plan of the Ministry of Interior is implemented in the context of a broader reform of the ministry and appears to be a serious and determined effort to stamp out low-level corruption in one of the sectors most notorious for it. According to the European Commission, wider efforts to address corruption at lower levels – for example at the borders – are needed in particular in terms of measures to enhance prevention, which should be introduced in combination with wider efforts to increase transparency and professionalism in the public administration. The Ministry of Interior has put in place a range of concrete anti-corruption preventive measures (notably with the traffic and border police) in the context of a broader reform of the Ministry. These measures should be continued and continuously followed up.” [1] Because addressing corruption was identified already during the accession negotiations as a priority, the country has built up a record of tackling corruption of civil servants. This has recently been summarized by the European Commission as follows: 4 According to a 2016 report of the Centre for the Study of Democracy (CSD), a number of official anti-corruption measures have indeed been taken - e.g. rotating border policemen and strengthened video surveillance of border crossings. However, this report also stresses their low effectiveness, due to the lack of systematic control and, in particular, of a sanctions mechanism. [2] The perception of corruption in Bulgaria While there has been progress in reducing corruption during the years leading up to EU accession as well as in the period immediately following it, there is evidence that recently Bulgarian citizens perceive that there has been a reversal of the level of bribery moving back up again to levels last noted before the EU accession.[3] A similar trend is seen in the annual surveys conducted by the Standard Eurobarometer 2017. Nearly half (48%) of the respondents indicated that things are worse than in 2007, with almost three out of ten (29%) saying that things are even much worse. On top of that, almost all respondents (97%) in Bulgaria thought that corruption is an important problem. [4] Lack of follow up with prosecution of corruption of border officials: the examples Based on information available, one can also conclude that law enforcement and judicial institutions face serious difficulties in the prosecution of corruption cases. Below we present a summary of such cases. They confirm the impression that while there have been various charges brought against border and customs officers for taking bribes, there hasn’t been a single person convicted or dismissed! We found the following examples: [1] European Commission Report Bulgaria 2017 [2] Center for the Study of Democracy, State Capture Unplugged, 2016 [3] Center for the Study of Democracy, State Capture Unplugged, 2016 p 11-12 [4] Eurobarometer 2017 [5] See Потресаващи данни за контрабандните канали у нас In: Afera.bg, 12 June 2008. [6] See Акция на ГДБОП затвори “Капитан Андреево” [The Kapitan Andreevo border crossing closed as a result of an operation by the Chief Directorate for Combatting Organised Crime ], News.bg, 30 June 2010. [7] See Показната акция ”Граница” завърши с 9 оправдателни присъди [The ‘Border’ operation ends with 9 acquittals], Dir.bg, 29 1. In 2008, a Bulgarian investigations website provided among other details of a December 2004 border corruption case concerning a customs officer at the Kapitan Andreevo checkpoint demanding bribes from travellers. It claims [5] that the customs inspector involved had been sanctioned earlier for extorting travellers in 2002, and was actually dismissed in 2005 before being reinstated within the Customs Service at another post, and returned to the Kapitan Andreevo border crossing in 2007. 2. Another claim made in the context of border corruption is that a witness statement by German border police officers visiting Bulgaria in 2005 about Bulgarian customs inspectors harassing travellers was never really acted upon, and the police officers involved were cleared. 3. On 1 July 2010 a sting police operation at the Kapitan Andreevo border crossing that had been prepared for some two months, resulted initially [6] in the arrest of a customs officer and a border police officer for extorting travellers by demanding bribes of 20 EUR from long-haul bus drivers for processing documents. The number of those arrested later grew to nine. The subsequent investigation led to a court case and an acquittal of the accused in 2015 [7] on the grounds that the pre-trial investigation had been conducted unprofessionally and there was no irrefutable evidence in support of the prosecution’s allegations. 5 [8] See При спецакция на ГКПП Капитан Андреево : Задържаха над 30 митничари [Over 30 customs officers arrested during a special operation at the Kapitan Andreevo checkpoint , In: Stmost.info, 3 May 2012. [9] See Осем от задържаните митничари вече са обвинени [Eight of the accused customs officers have been charged, Bnews.bg, 3 May 2012. [10] See 4-ма от подкупните митничари остават в ареста. Танов: Дано се ”удавят”[Four of the corrupt customs officers remain in detention, Dir.bg, 10 May 2012. [11] See Задържан с подкуп митничар се връща на работа [Customs inspector arrested for bribery is reinstated, In: Правен Свят, Legal World, 8 August 2013. [12] See Прокуратурата обвини задържаните митничари на ГКПП “Лесово” - Акцията на граничния пункт беше извършена в края на 2014 г. [The Prosecutor’s Office has charged the customs officers arrested at the Lesovo border crossing point - the police operation took place in late 2014, Capital weekly, 5 January 2016. [13] See Шефът на митница “Лесово” задържан като тартор на престъпна група 7 души са с обвинения за подкупите на пункта [The head of the Lesovo customs office has been arrested as head of a criminal group - 7 persons charged with taking bribes at the border checkpoints, Blitz.bg, 3 November 2014. [14] See footnote 8. [15] See Спецпрокуратурата предаде на съда седем митничари от пункга “Лесово” [The Special Prosecutor’s Office has officially charged seven customs officers from the Lesovo border crossing, Mediapool, 5 January 2016. [16] See Няма такава държава: Обвинени за корупция митничари ги връщат на работа [This is unbelievable! Customs Officers accused of corruption are being reinstated], Fakti.bg, 23 June 2016. [17] See Прибраха в ареста 33 корумпирани митничари (обновена) [33 corrupt customs officers arrested - latest news -], Monitor.bg, 13 December 2015. [18] See Съдът пусна под гаранция задържаните митничари от “Капитан Андреево” - Съдът прие, че са налице данни за извършено престъпление [The Court released customs officers from the Kapitan Andreevo crossing on bail - The Court stated that there are indications that a crime has been committed], Capital weekly, 17 December 2015. [19] See footnote 17. 4. In May 2012 a police operation[8] led to the arrest of over 30 customs officers at the Kapitan Andreevo checkpoint for demanding bribes mostly from passing truck drivers and the confiscation of some 15000 BGN (ca. 7500 EUR) collected as bribes. Eight customs officers, among them the deputy head of the Kapitan Andreevo customs office [9], were charged - five of them with participating in an organised criminal group and three with taking bribes. Of these, four were detained, while the remaining four were released on bail by the courts or held under house arrest.[10] Those detained were released from detention[11] by order of the Court in 2013 and summarily dismissed, one of them being reinstated in his job after appealing against his dismissal before the courts . Later media reports[12] suggest that during the course of the investigation the prosecutor in charge was replaced, which resulted in the collapse of the case. The suspects were released, an official indictment was never presented before a court and the proceedings themselves were officially classified. 5. On the 3rd of November 2014 seven customs officers at the Lesovo border crossing were arrested [13] for bribery. In February 2015 the Court ordered the release of five of them (the other two had already been released on bail), pointing out that the Prosecutor’s Office had not conducted any meaningful investigation. The Special Prosecutor’s Office then brought official charges against the seven suspects in December 2015.[14] According to these charges the suspects had demanded bribes ranging from 20 leva (10 EUR) from foreign travellers and 5 EUR “tips” from truck drivers to 400 EUR for non-EU cargo trucks (from Turkey, Russia and Ukraine). [15] The suspects themselves remain on bail, but have not been officially dismissed due to a change in the Civil Servants Act following a judgement of the Constitutional Court.[16] Under this judgement Article 100, paragraph 2, of the Act, which allowed civil servants’ temporary suspension in the case of disciplinary proceedings, was declared unconstitutional in May 2016, thus making possible a reinstatement even in the case of a pending court case against them. As of April 2017, the case was on the list of priority cases before the Special Criminal Court in conjunction with measures 41 and 42 of the Action Plan for meeting the European Commission’s recommendations of January 2017 under the Cooperation and Verification Mechanism (CVM) for Bulgaria, without any concrete outcome yet. 6. On the 13th of December 2015 a police operation led to the arrest[17] of 33 customs officers at the Kapitan Andreevo checkpoint for having taken bribes, most probably for letting in contraband tobacco, and also bribes requested from passing drivers, ranging from 5 to 250 EUR. Eleven of them were released after 24 hours, followed later by another eight persons, and the 14 remaining suspects were then released on bail by the Special Criminal Court.[18] As of September 2016, it seems that investigations and courts cases against them are still continuing. [19] 6 The controversial practice of obligatory disinfection at the border Travellers have indicated that, when entering Bulgaria from Turkey, there are just two lanes open for a compulsory preventive disinfection. The official disinfection fee is 3 EUR. The procedure is described not only as time consuming - when waiting times during the summer could go up to 14 hours - but also as a kind of humiliation. [20] See Спецчасти закопчаха зрелищно митничари на ГКПП-Капитан Андреево (ОБНОВЕНА) [Special forces arrested publicly customs officers at the Kapitan Andreevo checkpoint - latest news], Monitor.bg, 30 September 2016. [21] See Шестима от арестуваните служители на ГКПП “Капитан Андреево” остават в ареста [Six of the customs officers arrested at the Kapitan Andreevo border crossing remain in detention], BNT News, 2 October 2016. [22] See Освободиха срещу 5000 лева шестимата арестувани на „Капитан Андреево“ [The six officers arrested at the Kapitan Andreevo released on a 5000 leva bail bond], E-Svilengrad, 24 November 2016. [23] See Арестуваха митничари след акция на ГКПП “Малко Търново” [Customs officers arrested after an operation at the Malko Tarnovo border crossing ], BTV News, 19 October 2017. [24] See Петима митничари с обвинения след акцията на ГКПП “Малко Търново” [Five customs officers charged after the operation at the Malko Tarnovo border crossing], Fakti.bg, 20 October 2017. 7. On the 30th of September 2016, a police operation led to the arrest[19] of nine customs officers at the Kapitan Andreevo border crossing for demanding bribes of 15-20 euros from truck drivers. Of these, six were remanded in custody, two were released under signature bond, and one was placed under house arrest.[21] The six officers in custody were also released on bail in November 2016. [22] 8. On 19 October 2017 a police operation led to the arrest of customs officers suspected of taking bribes (to the amount of 60 000 EUR) at the Malko Tarnovo border crossing.[23] Five of the twenty persons arrested were later charged with taking bribes from passing drivers[24] and released on bail. A witness: “On the way back you even go through a ‘disinfection gate’ at first, where they sprinkle your car with liquid of which you don’t even know what it is. For this you pay 3 EUR to 5 EUR (for something nobody is asking for).” Another: “From Turkey to Bulgaria we even had to pay 4 EUR per car for so called ‘disinfection’. I think this is a shame, because the car got covered in dirty water, the stains of which were very hard to get off.” Or: “The disinfection is pointless. Some water is sprinkled on the cars and the wheels get wet.” And: “Disinfection at the border crossing? A dirty splash of water for over your car for which you have to pay 3 EUR? It’s just legal theft, just calculate it when every driver has to pay this.” Disinfection fees at the Bulgarian borders have been demanded before - in the mid-2000s when Romania recorded numerous cases of avian flu in poultry and at the border with Turkey until 2009, when the practice was shut down following reports of corruption. The practice was resumed in 2011 because of the Foot and Mouth Disease (FMD) outbreak in Turkey. The legal basis for the preventive disinfection is Art. 47 of the Veterinary Practice Act. The Bulgarian Food Safety Agency (BSFA) has a Risk Assessment Center that analyses the situation in Turkey. On the basis of this analysis, the BSFA Executive Director issues an opinion to the Minister of Agriculture and Food who orders the activation or cancellation of the disinfection measures. These orders are however not being published. The last reports on the issue in the Bulgarian press date from the end of 2015. The disinfection is pointless. Some water is sprinkled on the cars and the wheels get wet. 7 Despite the always present need to be vigilant concerning the possible spread of FMD, and sheep and goat pox, the continued compulsory preventive disinfection at the Bulgarian border cannot be justi.......