At a press conference organized by the Bulgarian Institute for Legal Initiatives today (May 15, 2013) the American Bar Association (ABA) Human rights center representative William Meyer announced the ABA official opinion on the disciplinary dismissal of judge Miroslava Todorova last July.
The dismissal and the similar disciplinary practice of the Supreme Judicial Council are viewed by the American Bar Association as a serious threat to judicial independence in Bulgaria. ABA is concerned that this action of the SJC points to using its authority as a means of political retaliation for the criticism which Ms. Todorova expressed in her capacity of Chair of the Bulgarian Judges Association.
As described in the ABA Center for Human Rights opinion: "Judge Todorova’s dismissal was not proportionate and appears politically motivated". "The events surrounding Judge Todorova’s dismissal illustrate that the system for disciplining judges may be susceptible to abuse for political purposes, a situation which could lead to retaliatory discipline that is designed to chill or punish legitimate free expression". ABA is also concerned that "the current judicial disciplinary system can be exploited for malicious purposes."
ABA expresses its hope that the SJC reconsiders the matter and develops a penalty that is proportional to judge Todorova’s misconduct.
The ABA statement can be accessed here (in English) and (in Bulgarian).