This leads to a lack of preparedness to deal with situations that can only be overcome by physical
force, and to meet with a reasonable understanding of the prohibitions on the use of trunchons
and handcuffs by the supervisory staff who evaluates them as an attack on their safety.
The NPM has found that the registered use of force is negligible compared to the total number of
prisoners and almost lacks in open dormitory facilities and detention facilities. Complaints by
prisoners are mostly related to verbal treatment by the supervisory staff and, in rare cases, to the
use of physical force, consisting of slaps and/or fists. The NPM has not established complete
implementation of the recommendation of the CPT to create specialized registers of cases
concerning use of force in detention facilities.
The NPM team believes that it is necessary to determine a competent authority which to
investigate the cases of use of force. It is obligatory for the administration to identify all persons
present at the incident and to interview them, but not only such persons that are mentioned in the
memorandum of the employee from the administration. All materials under the case should be
sent to the prosecution’s office, not just a written notice as the current practice is.
Identical actions are necessary also in case of use of force among the inmates. There is also
necessity in actions on creating a national strategy on preventing violence among inmates
II. DETENTION FACILITIES
During the inspections conducted in 2012 the NPM found out several continuing problems related
to many of the detention facilities: overcrowding, lack of space, lack of toilets in the cells, lack of
adequate access to natural daylight and adequate artificial lighting and the introduction of
differentiated day/night lighting, lack of places to stay outdoors, lack of materials to clean the
premises and to maintain personal hygiene, failure to provide meaningful activities for detainees.
Material conditions. Overcrowding
The outdated and limited facilities are the major defect in the Bulgarian detention facilities.
According to the adopted Strategy for development of the detention facilities in Bulgaria for the
period 2009-2015, the Action Plan and Investment Programme for construction, reconstruction
and modernization of the facilities of the penitentiary and probation systems during the same
period, there are two new detention facilities in Elhovo, Plovdiv and Smolyan. Detention facilities
in Elhovo and Smolyan do not provide access for persons with disabilities because the statutory
requirements relating to creation of an accessible environment for the design of public buildings
have come into force after their construction. The detention facility in Plovdiv, which construction
is in compliance with the recommendation of the CPT is the sole facility that fully meets the
standards.
The NPM assessment is that the programme proves impracticable, no fundings is envisaged for its
implementation, and therefore only the measure concerning the detention facility in Plovdiv is
entirely satisfying out of 40 actions that had been planned.
18 Annual Report of the National Preventive Mechanism |
OMBUDSMAN OF THE REPUBLIC OF BULGARIA
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