the requirement in the medical record to record data on the physical, mental or other condition of the detainee. In the European Prison Rules is written recommendational provision for oral and written information, where “on admission to prison and then as often as necessary, all prisoners must be informed in writing and orally in a language they understand, on the rules governing discipline in prison, as well as their rights and obligations in prison.“ It is reflected in the provisions of art. 52 of the LIPSD under which prisoners are entitled to oral information in a language they understand on the rules of internal order and discipline, and their fundamental rights and obligations and the legal ability to seek written information by an explicit request. Observations of the NPM during the inspections show a lack of information among detainees on their full living area, medical care, employment and conditions on change of the sentence they are entitled to, as well as a significant lack of information about the change of the regime, transfer to a dormitory and release on early parole. The initial allocation is made by the prosecutor, enforcing the sentence, and according to the requirements of the LIPSD in the prison or reformatory nearest to the permanent address. A major shortcoming of the legislation is that the prosecutor has no operative independency to assess the circumstances related to a temporary residence, availability of permanent social environment, necessity of carrying out ongoing investigations or other reasons related to the safety of the detainee, in order to enforce the sentence to another prison or dormitory. These circumstances may be reported only after the admittance and subsequent transfer by an act of the Director General of the Directorate General “Implementation of Penal Sanctions.” The NPM shares of the opinion that if these circumstances can be taken into account during the initial allocation, public costs and inconvenience for inmates and their families shall be significantly reduced. Another major legal shortcoming found by the NPM is related to the provision of art. 34, para 1 of the Regulation Applying the LIPSD (RALIPSD). According to it, when the prison administration believes that this type of prison facility or initial regime of imprisonment are improperly determined by the court, it shall immediately notify the district attorney at the place of punishment and prosecution’s office that enforced the judicial act, and until receipt of written instructions from the prosecutor the prisoner shall be placed in a closed facility. Following the recommendation made by the NPM, the Ministry of Justice agreed that the text contradicts to the binding force of the judgment and in the future amendments to the PPLIPSD this text will be revoked. During inspection the team of the NPM found tension among inmates who had been unreasonably denied subsequent relocation. It was found out that in most cases the prisoners are not given the opportunity to present additional evidence to the initial request for relocation. Often the head of the prison only informs prisoners of refusal to be relocated, ordered by the General Director of the Directorate “Implementation of Penal Sanctions.” A copy of them is not 8 Annual Report of the National Preventive Mechanism | OMBUDSMAN OF THE REPUBLIC OF BULGARIA