and failed to address the majority of the
Committee’s recommendations, usually
merely quoting the existing legislation
and/or explaining the lack of action
by referring to budgetary constraints.
Further, most of the information contained in the CPT’s report as concerns
ill-treatment and inter-prisoner violence
was simply dismissed.
The alleged ill-treatment generally
consisted of slaps, kicks, and in some
cases truncheon blows. The delegation concluded that men and women
(including juveniles) in the custody of
the police continued to run a significant
risk of being ill-treated, both at the time
of apprehension and during subsequent
questioning.
The 2015 visit was therefore an opportunity for the Committee to assess the
progress in the implementation of its
long-standing recommendations and to
review, in particular, the treatment and
detention conditions of persons held at
Sofia, Burgas and Varna Prisons, as well
as at Sofia IDF (located on G.M. Dimitrov
Boulevard).21
6. Very little progress, if any, has been
made as regards the legal safeguards
against police ill-treatment, and the
CPT’s key recommendations in this
sphere are still to be implemented. In
particular, access to a lawyer remained
an exception during the initial 24 hours
of police custody and the ex officio lawyers did not perform their function as a
safeguard against ill-treatment. Further,
persons in police custody were still rarely
put in a position to notify promptly a
person of their choice of their detention,
and were not systematically informed
of their rights from the outset of their
custody.
Regrettably, the findings made during
the aforementioned visit demonstrate
that little or no progress has been
achieved in the implementation of key
recommendations repeatedly made by
the CPT.22
For these reasons, the Committee has
been left with no other choice but
to make a public statement, pursuant to Article 10, paragraph 2, of the
Convention; it took this decision at its
86th plenary meeting in March 2015.
Police ill-treatment
5. In the course of the 2015 visit,
the Committee’s delegation received
a significant number of allegations
of deliberate physical ill-treatment of
persons detained by the police; the
number of such allegations had not
decreased since the 2014 visit but was
even on the rise in Sofia and Burgas.
21. All these establishments have been visited
regularly by the CPT since 1995.
22. These findings are summarised below, in
paragraphs 5 to 16.
7. The Committee has long stressed
the crucial role played by health-care
staff and more particularly medical doctors in the prevention of ill-treatment.
The findings of the CPT’s delegation
during the 2015 visit demonstrate that
the existing specific rules as regards
medical confidentiality and the recording of injuries continue to be routinely
ignored in practice.
Injuries observed on persons admitted
to IDFs were usually not recorded in
the medical documentation. Medical
screening prior to the admission of
detained persons to IDFs was extremely
cursory (consisting merely of an interview, without a proper medical examination) and it was performed in the
presence of police officers, with detainees usually being handcuffed.
Appendices ► Page 71
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