Balgarianovinite.com TO
THE EUROPEAN PARLIAMENT
TO
THE EUROPEAN COMMISSION
To the Commissioner for Democracy, Justice, the Rule of Law and Consumer Protection
STATEMENT
Subject: The need for European monitoring of the criminal proceedings against Iva Mihailova in the Republic of North Macedonia
Dear Sir or Madam,
We are writing to you concerning the criminal proceedings against Iva Mihailova, a 23-year-old citizen of both the Republic of North Macedonia and the Republic of Bulgaria, who has publicly declared her Bulgarian identity, currently being heard before the Basic Court in Kočani.
This Statement does not call into question the proclaimed principle of judicial independence. It does, however, raise the question of whether this universal legal principle is being effectively upheld in the proceedings at hand and, consequently, whether the right to a fair trial, equality of arms, the impartial assessment of evidence, and the protection of fundamental human rights are being guaranteed.
The case gives rise to serious public concern for several reasons:
First, according to two new automotive forensic expert reports, prepared by leading specialists in North Macedonia and submitted in the court proceedings, the prosecution’s principal factual conclusions concerning the circumstances and mechanics of the road traffic accident have been called into question. The expert reports conclude that the vehicle driven by Iva Mihailova remained entirely within her lane, that she did not enter the lane of oncoming traffic, and that the other vehicle crossed into her lane. Furthermore, publicly available photographs from the accident scene show the final position of her vehicle on the right-hand side of the roadway, which constitutes an important evidentiary element requiring objective judicial assessment.
Second, Iva Mihailova has publicly stated that, during a court hearing, she sought to question a witness regarding allegations that pressure had been exerted on him to change his testimony, but that the prosecutor did not allow the witness to answer. Several days later, criminal proceedings were in fact initiated against the same witness, who had not changed his testimony. These allegations should not be regarded as proven in advance, but they require independent and impartial examination. It is precisely because of their serious nature that we believe the proceedings warrant the presence of independent international observers.
Third, despite medical opinions submitted by qualified medical specialists, and despite the official position of the Ministry of Foreign Affairs of the Republic of Bulgaria regarding the need for treatment outside the Republic of North Macedonia, the judicial authorities have repeatedly refused to grant Iva Mihailova temporary permission to undergo the necessary medical treatment in Bulgaria. On 20 August 2026, the Court of Appeal in Štip upheld this refusal.This refusal raises additional questions concerning equality before the law and the consistent application of procedural measures. Judicial practice in North Macedonia includes a number of cases in which persons whose travel documents had been confiscated and against whom criminal proceedings were pending were granted temporary permission to leave the country. Such permission was granted to Cvetan Pandeleski – for medical treatment and surgery abroad; to Dragan Pavlović-Latas – for the medical treatment of a member of his family; to Orce Kamčev – for business travel and mandatory training; and, in 2025, to Asmir Jahoski – to attend his son’s graduation in Istanbul.
Consequently, the question is not whether the legal system of North Macedonia provides mechanisms allowing temporary travel while ensuring the accused person’s return – judicial practice demonstrates that such mechanisms exist and have been applied. The question is why an appropriate and proportionate measure cannot be applied in the case of 23-year-old Iva Mihailova, when the reason for her request is the need for medical treatment. This circumstance raises a legitimate question as to whether the principle of equality before the law has been respected in this particular case.
These circumstances are of particular significance in the context of the European integration process of the Republic of North Macedonia. The European Parliament has already expressed concern about attacks, hate speech and unjustified judicial prosecution targeting citizens who identify as Bulgarian. At the same time, in its 2026 Rule of Law Report, the European Commission continues to assess the functioning and independence of the judiciary in North Macedonia, as well as public trust in the judicial system.
In view of the circumstances outlined above, we respectfully request the European Parliament and the European Commission to:
1. Facilitate the attendance of representatives of the Delegation of the European Union in Skopje as international observers at the forthcoming public court hearings in the case against Iva Mihailova and, to the extent possible, ensure that the proceedings are monitored until their conclusion.
2. To assess whether the criminal proceedings comply with European standards for a fair trial, including with regard to equality of arms, the freedom of witnesses to give testimony without undue interference, the assessment of exculpatory evidence, equality before the law and the consistent application of procedural measures, as well as the proportionality of the procedural restrictions imposed.
3. Take the development of this case and the findings resulting from its observation into account in the subsequent monitoring of the Republic of North Macedonia under the rule of law and fundamental rights criteria within the European Union accession process.
Our request is not for any prejudgment as to the guilt or innocence of the accused. It is a request for transparency, international monitoring, and confidence-building measures to ensure that the judicial proceedings are conducted in full compliance with European principles of justice and the protection of human rights.
In the absence of independent international monitoring, serious concerns remain as to whether these safeguards will be effectively guaranteed. Behind the legal and institutional issues raised by this case stand the health, the life and the future of a 23-year-old person.
Respectfully,
Co-Chairs:Prof. DSc. Spas TashevProf. DSc. Trendafil MitevIlia Stoyanovski
Secretary:Dimitar M. Dimitrov
The need for European monitoring of the criminal proceedings against Iva Mihailova in the Republic of North Macedonia 2026 THE NEWS FROM BULGARIA – NEWS AGENCY 2009-2025 2026-08-24 15:30:00
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БЪЛГАРИЯ НОВИНИТЕ – ИНФОРМАЦИОННА АГЕНЦИЯ 2009-2026 2026-08-24 15:30:00