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Warrant for Iva Mihailova, but Bulgaria Says It Does Not Extradite Its Citizens: Can the Defendant in a Fatal Crash Case Be Returned to Court in Kocani?
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Warrant for Iva Mihailova, but Bulgaria Says It Does Not Extradite Its Citizens: Can the Defendant in a Fatal Crash Case Be Returned to Court in Kocani?

On October 13 the court in Kocani ordered 30 days of detention and issued national and international warrants; Bulgaria’s Foreign Ministry cites its Constitution and the European Convention on Extradition.

The Basic Court in Kocani on October 13 ordered 30 days of detention for Iva Mihailova and issued a national and an international arrest warrant, Lokalno reports. The detention will be carried out as soon as she is found. Mihailova, who holds Macedonian and Bulgarian citizenship, is charged with a serious offense against traffic safety over the October 7, 2025 accident on the Kocani–Tri Cheshmi expressway, in which one person died and three were injured. She is presumed innocent until a final verdict.

Sofia has made its distance clear. On October 14, Bulgaria’s Foreign Ministry said, according to BTA, that the Bulgarian interior ministry received a message from Interpol Skopje on October 13 at 19:38 requesting her arrest and extradition, but that no red notice has been issued at this moment. The ministry cited Article 25(4) of the Constitution, under which a Bulgarian citizen cannot be extradited for prosecution unless a ratified international treaty provides for it, and Article 6 of the European Convention on Extradition, which allows states to refuse to extradite their own nationals. According to BTA, Bulgarian authorities have taken no measures to establish where she is.

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Bulgarian lawyer Bozhidar Terziyski, whose analysis Nezavisen Vesnik reports, explains that arrest and extradition are different things: Bulgaria can refuse extradition while still ordering provisional detention on its territory, which Bulgarian institutions, not Macedonian courts, decide. An international warrant, he says, is not a binding court order, and Macedonia, as a non-EU country, cannot use the European Arrest Warrant mechanism. Mihailova and her lawyer say they crossed the border legally and that she is being treated in Sofia; the Interior Ministry says there is no record of her exit, and Bulgarian border police have no record of a legal entry.

MKNews Hub · Macedonia · October 15, 2026

🇲🇰 Прочитај на македонски Потерница за Ива Михајлова, но Бугарија вели дека не ги екстрадира своите државјани: може ли обвинетата за смртна несреќа да биде вратена пред судот во Кочани?
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