Remarkable progress has been made in this area in recent years, evidenced by the full integration
of prison schools to other schools in Bulgaria. Material foundation is newly constructed or recently
renovated.
However, it was not transferred to the Ministry of Education and Science, which is why costs are
fully covered by the Ministry of Justice.
The introduction of delegated budgets leads to pressure by the administration over the inmates to
continue their education under threat of disciplinary sanction in the event of failure. The
arguments for such actions are related to the possible reduction of the delegated budget, and even
the closure of the school. The NPM believes that the reluctance in continuing education must also
be taken into account in the risk assessment, but it is unacceptable the right to education to be
transformed into an obligation.
Personal property of prisoners
Permitted belongings of inmates shall be determined by an order of the Minister of Justice. There
is a possibility the head of dormitories to expand such list, but this creates a diverse practice and
unequal treatment of prisoners. The NPM believes that the possibilities of the light regime require
further assessment concerning formation of a separate list for open dormitory facilities.
Use of force
According to art. 64.1. of the European Prison Rules „the prison staff must not use force against
prisoners except in self-defense or in cases of attempted escape, or active or passive physical
resistance to an order based on law, and then only as a last resort.” The LIPSD provides that „if
compliance with the order and discipline can not be achieved by other means, the use of force and
auxiliary means is permitted.”
The NPM inspections showed that the legal use of force is related to „obvious insubordination
and/or failure to perform a legal order or prohibition.” There is no statutory requirement that
order to be issued on the basis of law, i.e. any orders should be obeyed, whether legitimate or not,
and refusal to do so could lead to legal use of force.
On the other hand, the use of auxiliary means is allowed if the result can not be achieved with the
use of physical force. According to the rule recommended by the European Prison Rules “the
carrying in open of other weapons, including truncheons, by persons who get into contact with the
inmates within the prison, except when it is required for security and safety in dealing with the
incident, is prohibited.”
This standard defines the rubber truncheon as a weapon, but under Bulgarian law, it is an auxiliary.
In pursuance of the provisions of the CPT not to carry guns openly, leading to a ban on carrying
guns imposed by order of the head of the prison (e.g., the prison in Varna), which leads to
increased use of handcuffs. This use of handcuffs is associated with other non-recommended rule „the personnel who have direct contact with inmates should be trained in techniques that provide
minimal use of force during restraint of aggressive prisoners.” Such courses have never performed
or if performed, then their scope is clearly insignificant.
17 Annual Report of the National Preventive Mechanism |
OMBUDSMAN OF THE REPUBLIC OF BULGARIA
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents