1. Velislava Popova - Journalist at Capital newspaper
A civil lawsuit over insult and libel was filed against Miss Popova on October 15, 2000. The complaint is centered around an article entitled "Kevorkian's Factory for Television Illusions," which was published in Capital newspaper n. 41/2000. The article discusses the competition for Bulgaria's third national television station license and the participants' use of political lobbying during the competition. The author of the article contends that it was television journalist Kevork Kevorkian's historical fame as well as his political lobbying that led to his winning first place in the contest. According to the author, the Media Council's choice of Kevorkian's project seemed strange, considering the fact that Kevorkian's business ventures over the past few years had brought him only dubious glory. The author described these business ventures in the final portion of the article. The Plaintiff, Kevork Kevorkian, was the former anchor on the weekly television program Vsjaka Nedelja (Every Sunday). At the time of the case he worked for a private company. Kevorkian lodged a complaint demanding 20,000 leva (about 10,000 EURO) for monetary and non-monetary damages allegedly caused by the article. The complaint alleges that the article depicted him in an unfavorable light and resulted in significant damages. The first hearing in the case was scheduled for April 10, 2001. The Plaintiff or his representative or counsel failed to appear for any of the three hearings at which the complaint was examined. The Sofia City Court prepared its decision on December 13, 2001. The complaint was rejected based on the Plaintiff's failure to show evidence of his contentions in the complaint. Kevorkian then appealed the case. A hearing was scheduled before the Court of Appeals for June 18, 2002. The Plaintiff's lawyer filed a request for a postponement of that hearing, and a new hearing was scheduled for December 2002, six months after the originally scheduled hearing. Once again, the Plaintiff or his representative or counsel failed to attend the appellate hearing. The court examined the case in their absence and announced that a decision could be made. The defendant's counsel was a lawyer retained by Capital newspaper. As of mid-January 2003, a decision has still not been issued in the case.
2. Natalia Gergova - Journalist at Duma newspaper
A civil lawsuit over insult and libel was filed against Natalia Gergova and the company that owns and publishes Duma newspaper on July 23, 2000. The case centers around an article entitled "Greta's Long Goodbye," which was published on July 3, 2000. The article discusses the management and financial predicament of the state-owned construction company, Techno Import/Export Ltd. The Plaintiff, Greta Doncheva, is the executive director of the company. The complaint was filed on behalf of the director and of the state-owned company itself. In their complaint, the Plaintiffs charge that the article contains a number of untrue statements and insinuations that are insulting and libelous. The complaint defines the following phrase as insulting: "a boss who suffers from professional weakness, but who has adroitly constructed for herself the image of a person with experience and initiative." The complaint also argues that with the phrase, "This is not an episode from an Orwell novel," the author insinuates that the director of the company "has created an Orwellian atmosphere in the workplace."
The Plaintiff also contends that the following phrases from the article unjustly accuse her of crimes: "The woman who drained Techno Import/Export," "The company's decline is connected to [the director]'s name," "The company has only unpaid loans," "[The director] went ahead with a disadvantageous contract," "[The director] entered into a contract with a 'phantom' company," "These deals resulted in several hundred dollars' worth of losses for the company," and so on.
The Plaintiffs contend that the publication resulted in damages. They believe that, since the company's commercial name is part of the "factual relations" mentioned in Article 15, line 1 of the Commerce Act, there is reason to argue that damage to the company's good name resulted in non-monetary damages to the company itself.
The first hearing in this case was held in Sofia District Cout on November 2, 2000. The Plaintiffs ask for a compensation of 1,200 leva (600 EURO), to be divided between the director and the company itself. The defendants were represented by private counsel at the first instance hearing. At the last hearing, which took place in November 2002, the court set a deadline for both sides to present written statements and announced that the case was ready to be decided. As of January 10, 2003, the decision has yet to be issued.
3. Yavor Dachkov - Journalist formerly working for BNT
A lawsuit over insult and libel was brought against Yavor Dachkov in April 2000. The Plaintiff in the case is Ljuben Berov, a former Prime Minister of Bulgaria. The Plaintiff contends that during the television program Glasove (Voices) on February 20, 2000, the anchor, Dachkov, called him "the Godfather of the pillaging of Bulgaria." He contends that this statement insinuated that the Plaintiff committed crimes during his term in office as Prime Minister of Bulgaria, and he claims that this insinuation belittles his honor and his qualification as a responsible person who carries out his duties. The first hearing in the case was held on May 18, 2000. During the hearing before the court of first instance, oral evidence was presented in the form of explanations by the Defendant and accounts by a witness. Written evidence was also presented in the form of the Defendant's police records, the conclusions of a criminal-technical expert, copies of the transcripts from the television program in question from February 20, 2000, and a video cassette of the program. The Sofia District Court found the Defendant innocent of the charges on November 29, 2000. The Court motivated its decision with the explanation that although the phrase "the Godfather of the pillaging of Bulgaria" contains a negative evaluation of the Plaintiff's character, it does not contain obscene words or indecent insinuations. The Court also noted that the phrase in question was uttered during a topical television talk show, which "takes for granted not only that important burning social questions will be addressed, but also that they will be discussed and interpreted in a provocative way." The Court referred to the European Court's decision in the case of Handyside vs. Great Britain, to the special importance of the freedom of speech, and to the case of Lingens vs. Austria. These underscore the lower burden of proof on defendants who have criticized or made negative comments about public figures.
At the beginning of 2001 the Plaintiff appealed the Court's decision. On July 20, 2001, the Sofia City Court found that significant violations of court procedure had occurred during the presentation of the decision and the preparation of the motives. According to this Court, the Sofia District Court found Dachkov innocent of a crime he had not been accused of, without making any decision at all on the allegations made in the actual complaint and during the hearings. The case was returned to the Sofia District Court, which once again found Dachkov innocent on February 5, 2002. The Plaintiffs once again filed an appeal. As of mid-January 2003 the Court has not yet decided in the case. The defendant is represented by a lawyer.
4. Pavlin Georgiev - Journalist at Montpress newspaper, Plamen Antov - Former editor in chief, and Mara Manojlova
This is a criminal suit for libel and insult, brought by Todor Todorov, the former director of the Chiprovtsi mine. The case centers around the article entitled "The Knot Around Chiprovtsi Draws Tighter," published on December 29, 1999, in the Montpress newspaper. In this article, the author contends that Todorov "sneaked through the miners' blockade with his promises to pay them several months' back wages that they are owed." Todorov felt insulted by the words "sneaked through the blockade." He filed a complaint in the Montana District Court and requested 60,000 leva (30,000 EURO) in damages. After two hearings the Court assessed Pavlin Georgiev with a fine of 50 leva and 500 leva in damages. Georgiev appealed the case to the Regional Court. On December 10, 2001, the Regional Court reduced the damages to 300 leva. Plamen Antov was found innocent in the case.
5. Georgi Uzunov (1) - Editor in Chief of Rodopi Vesti newspaper
In November of 2000, Slavka Kamenova, Elen Malamov and Volodja Jankov, who are judges in the Smoljan Regional Court, filed a libel suit against Mr. Uzunov. The suit centers around Uzunov's statements at a meeting of the Municipal Council. The statements were also broadcast on the municipal radio.
At the meeting in question, Mr. Uzunov, who is a member of the Municipal Council, raised a question about a disadvantageous contract to rent out a municipal hall. The Smoljan Regional Court had heard a case for breaking the lease in the case of this contract. Dissatisfied with the judges' decision, Mr. Uzunov told the Municipal Council that the Court's decision was made by "two confused judges," who "purposely torpedoed the deal" and "made a profit off that unjust decision." The Plaintiffs also filed three civil suits in the case for 10,000 leva (5,000 EURO). The case was sent to another region - Kardzhali - at the Defendant's request. In October of 2001, the Kardzhali District Court sentenced Mr. Uzunov to a fine of 5,000 leva (2,500 EURO) and in the civil cases granted the Plaintiffs 2,000 leva (1,000 EURO) each. Mr. Uzunov appealed the decision to the Regional Court. In November of 2001 the Regional Court overturned Uzunov's criminal sentence assessed a new administrative fine of 800 leva (400 EURO) and 2,000 leva (1,000 EURO) in damages. Uzunov filed an appeal concerning the amount of the damages to the Supreme Court of Cassation. On February 15, 2002, the Regional Court returned the appeal, since the case was not eligible for appeal to the Supreme Court of Cassation. Mr. Uzunov appealed that decision to the Supreme Court of Cassation. He is represented by a lawyer.
6. Georgi Uzunov (2) - Editor in Chief of Rodopi Vesti newspaper
On February 19, 2001, Mr. Dancho Kiriakov, Mayor of Smoljan, filed a libel and insult suit against Mr. Uzunov. The suit centers around several of Uzunov's publications in the newspaper Rodopi Vesti as well as around the same statement to the Municipal Council for which the three judges sued Uzunov in the case described above. The Mayor contends that in his statement to the Municipal Council, Uzunov, who is also a member of the Council, directly accused him of taking commissions from the Ravel company. Moreover, in Rodopi Vesti n. 2 of December 30, 2000, the journalist Aneta Kisjova (see the case described below) published an article entitled "Smoljan's Mayor Gets a New Home." This article contains the phrase, "After only one year in the Municipality, city leader Dancho Kiriakov bought himself a home." The Mayor contends that that statement is libelous, since he did not buy the home with his Mayor's salary, but with savings from his previous job in a private business. An article entitled "First Interests, but Whose?" in Rodopi Vesti n. 4 of January 10-12, 2001, states that the Mayor saved "his man" - meaning his vice Mayor - and refers to "nepotistic solutions to municipal issues." Тhe Mayor contends that issue 5 of the newspaper libelously insinuates that he hands out municipal real estate to whomever he wishes. He argues that issue 7 of January 20-23, 2001, libels him in an editorial referring to "his wars and confrontations with everyone" other than "his friends, his cousins, his submissive employees, and the parachutists." He argues that an editorial in n. 9 of January 27-30, 2001, libelously insinuates that he promised at a press briefing to build a series of tunnels, including a tunnel from Chepelare to Smoljan. Finally, the Mayor argues that an editorial in n. 14 of February 14-16, 2001, insulted him. The article states "with irony and fun-poking" that "after a nearly 10-day voyage around Europe, to the indescribable joy of thousands of citizens of Smoljan, the Mayor finally returned home." According to the Mayor, Uzunov's behavior as editor in chief of the newspaper and as member of the Municipal Council "belittles both (the Mayor's) personal and his public dignity." He alleges that this behavior has resulted in 20,000 leva (about 10,000 EURO) worth of non-monetary damages. The Mayor contends that since he is a public figure these statements "are exceptionally damaging and destroy the public's faith" in him. He presented 8 separate allegations of insult and libel and asked for 1,000 leva (500 EURO) in damages for each of them. The case was resolved in the District Court. At the end of November 2001, Mr. Uzunov was sentenced to a fine of 5,000 leva (about 2,500 EURO) and 8,000 leva (about 4,000 EURO) in civil damages. He appealed the case to the Regional Court. The hearings were postponed because all judges begged to be struck off the court panel. The case was sent to the Supreme Court of Cassation. As of early January 2003, the Supreme Court of Cassation had not yet decided the case. Mr. Uzunov is represented by a lawyer.
7. Aneta Kisjova - Journalist at Rodopi Vesti newspaper
On March 1, 2001, Stojan Mavrov filed a civil suit against the journalist Aneta Kisjova. This suit centers around an article entitled "Mayor Kiriakov Bought a Pledged House from Mavrov," which was published in Rodopi Vesti newspaper on December 31, 2001. The article was published on page 3 of the newspaper, with a first-page lead-in entitled "New House - New Luck. Smolyan's Mayor Gets a New Home." The article was accompanied by a photograph with the caption, "A sweet little house with two linden trees in front."
The article states that Smoljan's Mayor Dancho Kiriakov bought 2 floors of a 3-story house, which had been pledged with a pawnbroker. The article describes the size of the property, mentions the date that the deal was closed, and names the sellers, who include the lawyer Stojan Mavrev, his wife Tanya Mavreva, Joana Sapundjieva-Bratanov, Atanas Bratanov, and Georgi Toshev and his wife Raisa. The article also mentions the price of the house, explaining that, "People from the pawnbroker's who are familiar with the deal said that the building was sold for 20 thousand leva, which is the property's value for tax purposes. The building has three stories, but RV has learned from the notarized contract that our Mayor bought only 2 stories for the sum of 45,600 leva."
Stojan Mavrev is well known in the city as a lawyer and a member of the Municipal Council. The Plaintiff contends that the title and some of the facts in the article are untrue and misleading and that they belittle his public prestige. More specifically, he points out that the article's title, which states that he sold the house, is untrue. He and his wife were the sellers of only one floor of the house. It is untrue that the whole house, including the floor that he owned, was pledged to a pawnbroker. It is untrue that he was the seller of a floor of the house in the picture accompanying the article; he owns a floor of an attached residence next door to that house. Mavrov contends that the material was written "with the obvious goal of sullying (his) good public name" and that it insinuates that Mayor Kiriakov and Municipal Councilor Mavrev made a deal "that doesn't exist in the legal world." The Plaintiff contends that he experienced "discomfort" as a result of the article and that he constantly had to explain the truth to people and to refute the statements in the article. He requested 12,000 leva (about 6,000 EURO) in non-monetary damages resulting from the article.
The first hearing before the Smoljan Regional Court was held on April 4, 2001. The case was resolved in that Court in September 2001. After the final hearing, the Court delayed its decision for 4 months. The decision was finally issued on January 16, 2002. Aneta Kisjova was found innocent of the charges. Mavrev appealed the case to the Plovdiv Court of Appeals, which affirmed the decision of the lower court. The Plaintiff again appealed to the Supreme Court of Cassation in Sofia. As of early January 2003 the Supreme Court of Cassation has not yet made a decision in the case. Mrs. Kisjova is represented by a lawyer.
8. Todor Dimov - Editor in chief and publisher of Tundzha newspaper
A civil suit for libel and insult was filed against Mr. Dimov in 2000. The suit centers around six publications mentioning the Plaintiff in the Tundzha newspaper. The first hearing in the case was scheduled for December 21, 2000. The Plaintiff, Monjo Todorov, is a businessman from the town of Yambol. He requested 270,000 leva (about 135,000 EURO) in damages. On December 16, 2000, three men attacked and brutally beat Todor Dimov near the cooperative market in Yambol. The case was postponed several times due to the journalist's prolonged medical problems. At the end of 2001 a new suit was filed concerning 3 additional publications allegedly resulting in 20,000 leva worth of damages. Both suits will be examined in a single court case. Dimov contends that the total damages requested in the two suits are around 500,000 leva (250,000 EURO). As of early January 2003 neither of the cases had been resolved. Mr. Dimov is represented by a lawyer.
9. Momchil Jonchev and Ana Mineva - Former journalists from the now-defunct Novini newspaper, previously published in Veliko Turnovo
This case concerns a criminal complaint about libel and insult that also contains a request for civil damages. Metropolitan Grigorii of Veliko Turnovo filed the complaint on January 30, 2001. The suit deals with a series of publications in the Novini newspaper and requests 6,000 leva (about 3 000 EURO) in damages. The first hearing was scheduled for May 10, 2001. In court, the Bishop requested that the Defendants publish an apology to him in Borba newspaper and broadcast an apology on Radio Veliko Turnovo. Both the Defendants' and the Plaintiff's lawyers supported that resolution. The two journalists publicly apologized on January 17, 2002. At the hearing the following day, the Plaintiff demanded additional apologies in the Yantra newspaper, on Radio Veliko Turnovo during prime time, and again in Borba newspaper. This time the Defendants refused. A new hearing was scheduled for February 28, 2002. The District Court postponed the case until May 22, 2002. As of mid-January 2003 BHC has not been able to contact Mr. Jonchev or Mrs. Mineva.
10. Petar Simeonov - Correspondent for Trud newspaper
A civil lawsuit over insult was filed against Mr. Simeonov on February 8, 2000. The suit deals with an articled entitled "In Gabrovo They Drink Killer Vodka," which was published in Daily Trud on December 1, 1999. The Plaintiff is Synchroninvest Ltd. of Sofia. The Plaintiff requests 30,000 for monetary and non-monetary damages and lost profits resulting from the article. The Defendant contends that the article was based on an official bulletin issued by the Gabrovo Hygiene and Epidemiology Inspectorate. The first instance hearings in the case occurred at the Gabrovo Regional Court. The Court issued a decision on July 26, 2002, rejecting Synchroninvest's claim against Simeonov as unwarranted and unproven. The Plaintiff appealed to the Veliko Turnovo Court of Appeals. Mr. Simeonov's lawyer is retained by the Media Holding company, which owns Daily Trud. As of January 2003 the Veliko Turnovo Court of Appeals was still hearing the case.
11. "Pirin Erkjul" Ltd. - Publisher of Struma newspaper
On September 21, 2000, Ivan Jordanov Kochev filed this civil libel suit in the Blagoevgrad District Court. Mr Kochev is a famous local businessman. The Plaintiff contends that he was libeled in an article published in Struma newspaper on September 20, 2000. He requests 9,500 leva in damages. The District Court heard the case and on September 27, 2001, sentenced "Pirin Erkjul" Ltd. to non-monetary damages in the amount of 3,400 leva, plus interest and court costs. The Defendant appealed the decision to the Blagoevgrad Regional Court. That Court reduced the amount of the sentence to 1,000 leva in damages. The decision is final.
12. Katja Kasabova - Former journalist at Compass newspaper in Burgas
Totka Kazakova, Gencho Dalev, Rumen Evstatiev and Antonija Meserdjieva, inspectors at the Ministry of Education's Regional Educational Inspectorate in Burgas, filed a criminal libel complaint against Mrs Kasabova in October 2000. The suit concerns an article entitled "Corruption in Burgas' Education: The Minister Fired Four Experts for Taking Bribes," which was published on September 12, 2000 in the regional daily Compass. The case was resolved in the first instance. Kasabova was sentenced to a fine of 700 leva and to damages in the amount of 1,000 per Plaintiff. The journalist appealed the sentence. Her lawyer for hearings before the Burgas Regional Court is Aleksandar Kashamov. As of mid-January 2003 the Court has not yet issued a decision.
13. Krastina Marinova - Correspondent for Standart newspaper in Dobrich
A civil libel suit was filed against Mrs. Marinova on January 11, 2001. The case centers around a newspaper publication. The Plaintiff, Ivan Ivanov, is executive director of the Serdika dairy products factory and owner of several other firms and sports clubs. He requests 15,000 leva in damages (about 7000 EURO). In the article in question, Krastina Marinova describes the way that local businessmen launder money by buying winning lottery tickets. The publication does not mention a single name. Ivan Ivanov contends that people suspect that the article is about him because he won a lottery jackpot some time ago. He believes that people know of his win because his joy in winning was described in a society column in the local newspaper, Nova Dobrudjanska Tribuna. The Plaintiff published a denial in Standart newspaper and subsequently filed the civil suit. He offered to withdraw his action if Mrs. Marinova would pay his lawyer's fees and court costs and would print a retraction in the local newspaper, Nova Dobrudjanska Tribuna. Mrs. Marinova's lawyer is retained by Standart newspaper. The Court issued a decision on November 4, 2002, rejecting the Plaintiff's claim of damages. The Court noted that at the time of the publication several dairy products factories were operating in Dobrich and 32 people won lottery jackpots. Therefore the Court found that the allegations in the article could not be linked directly to the Plaintiff. The Plaintiff appealed the case to the Varna Court of Appeals.
14. Bozhidar Mihajlov Bozhkov - Correspondent for Sega newspaper
In February 2001, Totka Kazakova, Gencho Dalev, Rumen Evstatiev and Antonija
Meserdjieva, inspectors at the Ministry of Education's Regional Educational
Inspectorate in Burgas, filed a criminal complaint against Mr. Bozhkov about
libel and insult. The suit deals with two publications in Sega newspaper,
entitled "Bribe Scandal in Burgas High Schools" (September 11,
2000) and "UDF Deputy Promised to Cover Up the Fake Hospital Scandal
in Burgas" (September 16, 2000). Along with the complaint the four
ispectors filed a civil action requests damages amounting to 30 thousand
leva (about 15000 EURO). The case was sent to Sofia, and subsequently returned
to Burgas. The first hearing was on April 18, 2001. As of mid-January 2003,
the District Court has not issued a sentence. Bozhidar Bozhkov is represented
by a lawyer.