Should the risk is rather high the detention facilities are not equipped with video cameras in the
cells. The reason for that is related to interference in the privacy of detainees, but such monitoring
is carried out visually from office in the hallway of the detention facility and is required for all
dormitories. After the case of selfhunging in the detention facility in Burgas in 2012, this question
is again a subject of public discussion.
Contact with the outside world. Correspondence
The European Prison Rules say that “Communication and visits may be subject to restrictions and
monitoring necessary for the requirements of continuing criminal investigations, maintenance of
good order, safety and security, prevention of criminal offences and protection of victims of crime,
but such restrictions, including specific restrictions ordered by a judicial authority, shall nevertheless
allow an acceptable minimum level of contact”. These restrictions should be introduced by an act
of the Parliament (a law) or by a judicial authority. In art. 256, para 2 of the LIPSD rights of the
accused and the defendants are not limited. It is expressly stated that „the correspondence of the
accused and the defendants shall not be subject to examination by the administration.”
In the majority of the detention facilities corridors are used for visits and a place to stay outdoors.
In other cases, one premise is used for visits, search on admittance and a room for the rest of the
supervisory guards. Such is the detention facility in Svishtov. This leads to intersection of the
movements for a place to stay outdoors and for visits, therefore the management of the detention
facility and supervisory staff is forced to limit the time for staying outdoors and for the visits.
With the exception of new detention facilities, places for visits are of limited capacity and do not
allow for normal communication. Administration of the detention facilities favours lawyers and/or
defines special hours for them, which creates unnecessary tension both in implementation of the
right of defense and causes resonable dissatisfaction among visitors.
In accordance with the order setting the internal rules and regulations in the detention facilities,
the visit is „not less than twice a month for up to 40 minutes.” The current practice is to permit
weekly visits, but this is not an explicit requirement. An opportunity for disorderly conduct during
the visit is allowed, whcih should be stopped. There is no particular order for conducting a visit.
The only restriction is related to the transmission and reception of items. In case of violation, the
visit is terminated, and the reasons for that are not recorded. It is not clear how to appeal against
such action if it is illegal, i.e. there is no policy or statutory minimum standard for the duration of
visits, and the inventory in many detention facilities does not allow instroduction of such rules and
regulations.
The lack of technical equipment (scanners) is the reason for violation of the privacy of
correspondence. The supervisory staff is instructed not to control the content of the letters, except
for the unauthorized items. The NMP identified as a problem the lack of guarantees on the privacy
of correspondence, especially outgoing complaints by persons held in custody. Provision of art.
57.4. of the internal rules and regulations of the detention facilities requires control on the
communications in the interest of security and art. 57.7. provides applications and complaints to
be filed in a special register, including making reference to their subject and date of the reply.
20 Annual Report of the National Preventive Mechanism |
OMBUDSMAN OF THE REPUBLIC OF BULGARIA
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