The Supreme Administrative Prosecutor’s Office (SAPO) has terminated the file on the import of Chinese masks with compromised quality worth 1.6 million euros, submitted by the Ministry of Health /MH/ in 2020, on the signal of the Anti-Corruption Fund /ACF/, without checking of the facts. It is clear from the decision of the Supreme Administrative Prosecutor’s Office that after receiving the signal, the Prosecutor’s office only offered the line minister to fulfill his legal obligations to protect the health and lives of citizens. In response, he stated that he had done exactly what, according to the SAPO, was sufficient grounds for terminating the case.
The case of the defective Chinese masks, manufactured by RYZUR, became public after a series of journalistic materials last year. It is clear from the materials that the masks do not provide the necessary protection against COVID-19, and their deliveries have been suspended in Canada, the Netherlands and Spain. Despite this publicly available information, at the end of March 2020, the Minister of Health signed 2 contracts with China for the supply of nearly 3 million protective masks RYZUR and 50 respiratory devices worth a total of 4.6 million euros.
In September 2020, the ACF published its „Mask Impossible“ investigation, in which it revealed that the ministry had decided to import the masks produced by RYZUR, based on a reliability test in a non-accredited laboratory of a single mask, which it is not even of the same type as those imported under the contract with the Chinese state. Subsequently, the RYZUR masks with compromised quality were distributed to the Bulgarian medics and health workers on the first line. The investigation is based on information from documents provided to the ACF by the ministry itself.
The ACF alerted the Prosecution’s Office to possible violations of the law in connection with the facts set out. In response to the received signal, SAPO announced that it had notified the Minister of Health of the need to „take all measures to protect the lives and health of citizens in the conditions of an emergency epidemic.“
„The decision of the SAPO lacks information that questions have been asked, documentation or other actions have been requested, specifically aimed at responding to the problems raised in our signal.“, commented Sofia Zheleva from the legal program of the ACF.
In response to the referral by the Prosecutor’s Office, the Ministry of Health stated that it „exercises strict control over the activities for the protection of the health of citizens, including Bulgarian medics, especially in the conditions of an emergency epidemic situation.“ This statement of the Minister turned out to be sufficient grounds for terminating the file, without carrying out any effective inspection: “.
The Supreme Administrative Prosecutor’s Office did not take into account the detailed documentation (issued by the Ministry itself) attached to the ACF signal, which categorically proves that no quality tests were performed on the ordered and distributed medical masks, despite the numerous media and scientific publications on compromised quality characteristics.
„The anti-corruption fund strongly protests against the decision of the SAPO to terminate the case. We believe that the reasons set out in the resolution do not in any way address the hypotheses of possible violations that we set out in our signal. Whether the Bulgarian medics have received adequate protection in order to cope with their duties is a matter of extreme public importance and we call on the institutions for a truly in-depth inspection.“, said Director of the ACF Boyko Stankushev.
