Case N° BG/01 - ANDREI LUKANOV - BULGARIA

Resolution adopted without a vote by the Inter-Parliamentary Council at its 158th session
(Istanbul, 20 April 1996)

The Inter-Parliamentary Council,

Referring to the outline of the case, as contained in the report of the Committee on the Human Rights Parliamentarians (CL/158/13(a)-R.1), and to the resolution adopted at its 157th session, concerning the case of Mr. Andrei Lukanov, of Bulgaria,

Taking into account the communication from the President of the Bulgarian National Group, dated 10 April, and the information he provided at a meeting with a Committee member on the occasion of the 95th Inter-Parliamentary Conference in Istanbul,

Recalling that Mr. Andrei Lukanov, a member of Parliament, Deputy Prime Minister in the Government of Mr. Atanassov from March 1986 to November 1990, was deprived of his passport by administrative decision on 9 March 1992; that he was arrested on 9 July 1992 - subsequent to the lifting of his parliamentary immunity - under charges of misappropriation and wastage of State funds for having granted aids and credits to developing countries,

Recalling that he was released on bail on 30 December 1992, Parliament having rescinded its decision authorizing the MP's detention; that, however, his passport remained impounded,

Recalling further that Mr. Lukanov was re-elected in December 1994 and thus again enjoyed parliamentary immunity; that, however, the Prosecutor General pursued the investigation under way against him regardless of the Rules of Procedure of the Assembly which stipulate that Article 70 of the Constitution "whereby Parliament has to vote the lifting of the immunity of a parliamentarian, also applies to parliamentarians who are subject to judicial proceedings instituted before their election", arguing that the decision of the previous Assembly to lift Mr. Lukanov's immunity was binding also for the newly elected Assembly,

Considering that on 28 May 1995 the Prosecutor General suspended the proceedings in the case of Mr. Lukanov,

Considering that, according to the information provided by the President of the Bulgarian National Group, Mr. Lukanov's passport is no longer impounded, as a result of which he may again travel freely,

Bearing in mind that, on 11 March 1996, the European Commission of Human Rights concluded that Mr. Lukanov's rights under Article 5 of the European Convention on Human Rights (right to liberty and security of person) had been violated,

1. Thanks the President of the National Group for his co-operation and the information he provided;

2. Notes that the investigations under way against Mr. Lukanov were suspended on 28 May 1995, that he has recovered his passport and that, therefore, for the time being, he is no longer subject to any judicial or administrative proceedings or decisions;

3. Regrets nevertheless that, despite the clear legal provisions regarding the lifting of parliamentary immunity, the investigations against Mr. Lukanov were pursued without a new request for the lifting of his immunity having been submitted to Parliament;

4. Requests the Committee on the Human Rights of Parliamentarians to close the file, reserving the possibility of reopening it in the light of any new developments;

5. Requests the Secretary General to inform the authorities and the source accordingly.