Bulgarian Helsinki Committee

Mr. Svelen Ovcharov

Ms. Slavlea Kuklova
7 Varbitsa Street
4th Floor
1504 Sofia
Bulgaria

From:
Michael Kapoustin
and
Stinga Nik Nikorshor
10th Prisoners Group
Citizen of Canada
Sofia Central Penitentiary

Wednesday, February 10, 2006

Dear Ms. Ovcharov,

I wanted to advise you that today Mr. Nikorshor received your letter dated 07.02.2006
together with the first page of the decision by the Supreme Administrative Court 5
Member staff. He was most grateful.

Immediately afterwards he informed Mr. Duru and Mr. Korolevski as well as the other
28 and more foreign citizens who must now file identical but separate complaints.
Something I hope to formalize in the next few days, remembering that none of these
individuals can afford attorneys or translators and do not fully understand their rights or
the relevant laws.

As a group we were collectively disappointed and frankly surprised by the decision of

the higher court finding that all such identical complaints are to be heard separately by
the lower court. And I can’t help but wonder if the decision was not motivated by the
inconvenience of having 30 foreign applicants and representatives of their embassies
appearing at once in all the hearings. My strong suspicion is that they will use the
precedent of my case to determine, in short order, any subsequent complaints. Most
curious however was the adjournment. The high court decision taken on 03.02.2005
and the first hearing on 07.02.2005, clearly the SAC Three Members 5-th Department
was aware of the ruling, yet decided on an adjournment. What are your and Ms.
Kuklova’s thoughts on this?

I think it prudent to also advise you and Ms. Kuklova to where things have progressed
so far.
First, I would advise you that Bulgarian attorney Radoslav Iochev (tel. 089 794 8105
and 088 657 56 42 and Office tel. 981 9550) has agreed to do some pro bono work on
these discrimination cases for some of the other prisoners. He would like to coordinate
his efforts with you, Ms. Kuklova and the Committee if there is agreement on your part.
Please advise in writing.

Everyone shares the opinion that the chances of success and securing international
interest will increase exponentially if the Bulgarian Helsinki Committee were to
become directly involved with its attorneys. An idea was to organize some press at the
filing of 30 or more discrimination complaints at once in front of cameras.

Also at my suggestion Mr. Iochev has requested from Sofia Prison Director Raichev
allow the organization of a “group meeting” for attorneys with the 28 foreign citizens
interested in filing similar claims. This so their legal rights can be explained to them
and so powers of attorney can be secured. You may wish to participate in this
collective meeting.

Furthermore, at my suggestion, Mr. Iochev intends a meeting with Deputy Minister

Bongalov. This to discuss serious irregularities in official documents I secured by way
of a court order from the Sofia prison (Protocols of the parole COMMISSION /art. 17
ЗИН/ August 2004 to November 2005). We hope as well as to secure the cooperation of
the Deputy Minister in obtaining other data and official documents important to the
current discrimination complaints. In an earlier letter to me, Deputy Minster Bongalov
provide some needed data and indicated he would assist further if called upon and
within his legal jurisdiction. You may wish to participate in this meeting.

Finally, I would like to tell you of the international attorneys globally assisting me and
acting pro bono in my rather unique legal and political problems. The Canadian law
firm of Amsterdam & Peroff, Mr. Bob Amsterdam and Mr. Dean Peroff can be looked
up on the Webb. Their portfolio of international high profile clients in Eastern Europe is
most illuminating and they are very committed. In fact, as you may have heard, in early
January I was surprised by Minister Petkanov granting a requested for a 5 day
unsupervised “home leave”. Mr. Dean Peroff, immediately upon learning of my release
from the prison, flew to Sofia and for the next 4 days he had numerous meetings.
Among these were formal sessions with Deputy Minister Bongalov and Director Peter
Vassilev. As a result Mr. Peroff is very familiar with the circumstances in Bulgaria’s
and the Sofia prison, inter alia the “highly questionable” legality of the parole
“COMMISSIONS” and their unregulated quasi-judicial function. I am sure he would
enthusiastically welcome coming into contact with you.

On a final note, I have observed with interest and not insignificant curiosity how since
2002, when I first contact the Committee on the question of discrimination. And
thereon began a lengthy and must say one sided dialogue on the subject, I’d write to
the Committee and no one would answer me.
Now, while I am pleased to see the Committee finally taking a serious interest and
contacting Mr. Nikorshor and others, I can’t help but ask the question. Where was the
Committee when I was asking for help and why do I never hear directly from the
Committee? I hope you appreciate my bewilderment and feeling of being ostracized.
And of course the fact that my isolation placed me in the difficult and time consuming
position of having to attempt collecting evidence, official documents and to learn
Bulgarian laws and procedures without the slightest idea of what I am doing. No fun
there.

A fact I have documented that for more than 2 years is that I have written to Mr. Petrov,
Ms. Boyanova, Dr. Bankov, and to Director Kanev and not one, except Ms. Boyanova
in December 2004, answered me. And my most recent registered letter was to you Mr.
Ovcharov. Yet in all those years no one called or wrote me back to offer me assistance
of any kind, curious.

But never mind that, there is a great deal of statistical information and official pubic
documents that I and the others will need to effectively litigate any discrimination
complaints. Much of this may be in possession of the Committee or at least the
Committee could direct me where to find it. For whatever reasons of its own the
Committee has avoided helping me directly, can I and the other 200 foreign men I
am trying to help count on some technical if not the legal assistance we so
desperately need?

Sincerely,
Michael Kapoustin