Hi friends! This week we heard more details concerning the Bulgarian Supreme Court decree and wanted to share them with you.
1) It’s important to appreciate and give credit to those who have worked very hard to make sure that right has been done. All hard work and sacrifice is in vain if God does not act, but that doesn’t take away the truth that many did work hard and make sacrifices!
Here are some behind-the-scenes details from one of my Bulgarian friends that I want you to hear…
Were it not for seven people, this decree would never have been a fact. I am eternally grateful to Desi who provided the three attorneys with the laws that were proving Kostova WAS guilty. These laws are highly specialized and it is not easy to find them or orientate in them. Just one more evidence that Desi knows her duties. I am also indebted to the orphanage’s attorney who invested long time and lots of efforts in all this – pro bono. I love the two attorneys specializing in appearing at the Supreme Court who had to dig through all the countless, one foot thick, documentation of the case in order to perform best – pro bono.
2) The Desi my friend was referring to above is Dr. Desislava Georgieva, director since May, 2012 of the Home for Medical and Social Care for Children, the city of Pleven.
Dr. Georgieva with Tommy last January~
And again as we said our goodbyes in June~
This incredible human being is a direct answer to thousands of fervent prayers.
Dr. Georgieva’s husband recently left a note on the Pleven Project Facebook page. If you are on Facebook, and most of you are, please take a minute to write a brief message expressing your appreciation to Dr. Georgieva HERE. Thank you so much for doing this!
3) If anyone out there is like me, the truth that shines through the following legal terms will bring you tears of joy. This truth reflects the very nature and character of our God.
The baby house arguments for appealing:
The lower level court did not take into consideration the social significance of the profession of Kostova, the character and the importance of her failure to perform her duties, her failure to abide by the increased medical standards for the care of children in high risk, most of whom [have] severe medical diagnoses, and her lack of carrying out the minimal standards for care for these children.
Defendant Kostova’s arguments:
Firing her was not reciprocal to the significance of her infractions. Dental appointments were not necessary because children stayed in the baby house for only 180 days at the average. The children did not need JP’s (personal doctors). No specific children were listed in order to estimate whether the liquidating term to release her from responsibility has expired. There were no infractions committed by her and she performed her duties. The penalty “dismissal from work” applied to her was not adequate to the presumed infractions she had committed. (YES, she did have the nerve to say she cared for the kids, did nothing wrong to them and, even if the court decided there were “infractions”, they could not be punished anymore because they were covered by a term that had expired, meaning she could not be punished anymore!)
The Supreme Court’s arguments to abrogate the lower level court’s decree, release Kostova from office, and pronounce the decree as final and not subject to appeals:
Kostova’s profession as a doctor and director of the baby house was publicly significant and socially and legally important. Even the slightest failure to perform her duties are to be considered as reasons for dismissal from office. The priority should be given to the protection of the public interest and the interests of the children. There was complete and total failure of Kostova to provide dental and medical care for the children in the baby house. The children were severely malnourished. The death rate in the orphanage was very high. Kostova appointed JP’s [personal doctors] for only 7 of the children. The other 158 children didn’t have one. No dental care was provided to the children – they were consulted only in cases of need for surgical intervention or other type of emergency dental care. There was no medical treatment or follow up of each individual child. The medical conditions of the children were not being diagnosed. Kostova didn’t perform her duties to provide a substituting care and protection of the children in the baby house. All these violations are serious because minimal medical standards were not satisfied; the high social responsibility of a director was not exercised. The complete failure to carry out unconditional requirements for adequate care of the children was justified by the lower level court and/or the severity of these violations was belittled. The actions of Kostova were not incidental or insignificant, they were the norm [for her] and are in their nature a complete failure to perform her duties. It concerns illegal lack of actions on behalf of the director and she is guilty of this.
The Supreme Court rule ABROGATES the court decree of Pleven District Court and instead rules:
DISMISSES the claim of Kostova to pronounce her firing as unlawful and re-institute her in office.
DISMISSES the claim of Kostova to re-compensate her with the 6 months difference between her salary as a director and the one that she had been receiving as of 12/02/2011, to the amount of 1162,36 Bulgarian Leva.
THE DECREE IS FINAL AND CANNOT BE APPEALED.