The Appellate Specialized Criminal Court (ASC) terminated the case against the organized criminal group of Dimitar Zhelyazkov – Mityo Ochite. This happened at the end of today’s working day, claims Flagman.bg, referring to an extremely reliable source.
A regular hearing was scheduled for Monday, but was canceled after the special court of second instance (ASNS) ruled this afternoon that there was a gross violation of procedural rules and the charge must be returned to the prosecutor’s office. The decision is final and not subject to appeal.
According to the magistrates, significant omissions have been made, which are insurmountable and the process cannot continue.
It is about the set of charges that have been brought against Dimitar Zhelyazkov and his group of 13 people.
Two and a half years ago, the Bulgarian prosecutor’s office filed a request with the Turkish court for Zhelyazkov’s extradition, stating that he was wanted in Bulgaria for a series of crimes. He was extradited, but some of these charges were subsequently dropped and others were brought against him, which is considered a gross violation of procedural rules and international co-operation agreements, the ASNS magistrates found.
The decision is key and can ensure the freedom of the Nessebar boss. We remind you that he was arrested in Turkey in August 2018, spent more than 10 months in a Turkish prison, after which he was handed over to the Bulgarian authorities.
So far, the defense has repeatedly asked for a change in his detention measure, but the court refused. Of the 13 people in the OCG, only four remained behind bars – Zhelyazkov, Ivan Pishiev, Kaloyan Kolev and Ivan Naidenov.
Following the termination of the case, on Monday, their lawyers will demand their immediate release, the newspaper writes. The prosecution, for its part, will have to revise the indictment and decide whether to submit it to the court for a new trial.
Given the fact that Minyu Staykov condemned Bulgaria for excessive arrest, it is very likely that the measures of Zhelyazkov and the rest of the OCG will be changed to lighter ones next week.