Chief Prosecutor Boris Velchev has called on the Constitutional Court to revoke the obligation for magistrates to supply to the Parliament information and documents that constitute an investigation secret.

The requirement is part of the Rules of Organization and Procedure of the National Assembly.

In Velchev's words, as quoted by Dnevnik daily, this practice hurts the independence of the judiciary and violates the principle of the division of powers in the state.

According to Velchev, the term "investigation secret" covers information about ongoing investigations, and any interest on behalf of MPs could influence the outcome of the proceedings, which is inadmissible.

Velchev cites the Criminal Procedure Code, which stipulates that such secrets may be disclosed by way of exception, at the prosecutor's decision. He also points out that the release of investigation information without the authorization of a prosecutor qualifies as a crime.

"If parliamentary committees, or the Parliament itself, require data which constitutes an investigation secret, this may have a negative impact on the inner convictions of the investigative bodies. Any interest on the part of senior state entities carries the risk of influencing the overall development of the trial, putting into question its objectivity and impartiality", Velchev says in his address to the Constitutional Court.

The last time prosecutors were summoned by the Parliament was at the beginning of 2011, when the Control of Special Surveillance Devices Committee was looking into the leaked tapes of phone conversations of Customs Agency head Vanyo Tanov with other senior officials including PM Boyko Borisov, which spurred a scandal known as "Tapegate". The prosecutors were asked to explain to the MPs why the telephone tapping had started.

If Velchev's claim is approved, this will not free the Prosecutor's Office from the obligation to provide information about phone tapping because the issue is regulated by the Special Surveillance Devices Act.

The Prosecutor's Office will also have to submit any statistical information required, which should not be a problem, given the fact that the Chief Prosecutor reports to Parliament on an annual basis.

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