greater diligence and thoroughness than usual, the case against Stoyo Petkanov must be ready to start by early January. It was also stressed that correct juridical procedures must be followed. The days were gone of laying a broad charge which could then be interpreted by the court as covering whatever behaviour the State decided to punish. The Special Investigatory Office was instructed to establish exactly what Petkanov had done that infringed his own laws, to assemble trustworthy evidence, and then decide the charges. This involved a considerable reversal of traditional thinking.
The Special Office found straightforward proof of malpractice hard to obtain. Little was written down; what had been written down was mostly destroyed; and those who had destroyed it suffered reliable attacks of memory loss. A wider problem came from the unitary nature of the State which had just collapsed. Article 1 of the New Constitution of 1971 had enacted the leading role of the Party. From that moment Party and State merged into one, and any clear separation between a political organisation and a legislative system ceased to exist. What was judged politically necessary was, by definition, legal.
Eventually, under increasing pressure, the Special Office discovered enough evidence to recommend proceeding with three charges. The first, deception involving documents, related to the receipt of undue royalties from the former President’s writings and speeches. The second, abuse of authority committed in an official capacity, covered a wide range of benefits allegedly given and received by the former President, and was helpful in demonstrating the extent of corruption under the communist system. The third, mismanagement, concerned a payment of undue social benefit to the former Chairman of the Environmental Protection Committee. The Special Office was rather embarrassed by this, since the other person named was a marginal figure now in frail health; but it was agreed that a mere two charges were insufficient for such a historic indictment. The Special Office also recommended that as the circumstances of the case were exceptional, the prosecution be allowed to present newly discovered evidence in mid-trial, and to add further charges if necessary as the case proceeded. Despite much criticism, these provisions were adopted.
Since Petkanov declined to co-operate with State Defence Advocates Milanova and Zlatarova, it was decided that the normal professional courtesies between prosecution and defence would have to be extended to the accused in person. Accordingly, when the court adjourned, Peter Solinsky went to the sixth floor of the Ministry of Justice (formerly Office of State Security), taking with him documents which the defence had a right to see. In these second encounters of theday the former President was often more relaxed, but not necessarily more agreeable.
Each morning a militiaman brought Stoyo Petkanov the five national newspapers and laid them on his table in a pile. Each morning Petkanov extracted Truth , the mouthpiece of the Socialist (formerly Communist) Party, and left untouched The Nation, The People, Liberty and Free Times .
‘You are not interested in what the devil has to say?’ Solinsky asked lightly one afternoon, when he found Petkanov hunched over party gospel.
‘The devil?’
‘The journalists of our free press.’
‘Free, free . You make such a fetish of that word. Does it make your prick swell? Freedom, freedom, let’s see your pants stir, Solinsky.’
‘You’re not in court now. There’s no-one watching.’ Only a militiaman acting the deaf-mute.
‘Freedom,’ said Petkanov with emphasis, ‘freedom consists in conforming to the will of the majority.’
Solinsky did not respond at first. He had heard that line before and it terrified him. Finally he murmured, ‘You really believe that?’
‘Everything else you call freedom is merely the privilege of a social élite.’
‘Like the Special Shops