In the course of the inspections the NPM established wrong calculation of labour
performed by inmates in all places for deprivation of liberty, namely in accordance with the
minimum wage and not with the feasible labour standards (unfeasible ones are set). In this
connection the NPM recommended to the Minister of Justice, in his capacity of principal
of the State-owned Enterprise Prison Funds to restore the infringed labour rights of the
inmates.
The bad practice to arrange the supply of food stuff in the prison shops through public
procurement instead of direct supplies by traders continues. Food stuff is artificially
overpriced and the monopoly is further strengthened by means of a list of products that may
only be purchased from the prison shops but may not be taken inside after visitations.
Another systemic deficit that the NPM has established through the years is the lack of
budget funding for adequate activities carried out by the social workers in their work. In
the newly repaired detention facilities there are no spaces for social activities, and where such
exist (e.g. the detention facilities in Plovdiv and Shumen) there are no social workers to conduct
these activities.
In addition, due to the large number of inmates placed in every prison group within the
whole system for execution of punishments, serving time is organized under a group principle.
This leads to excessive workload for the social workers and hence to formal individual plans.
As a result, the assessment related to change of the regime for serving time, transfer to an
open-type prison hostel or early conditional release is inevitably subjective.In this
connection the judicial review introduced with the latest amendments to the Execution of
Punishments and Remand in Custody Act is certainly influenced by the opinion of the
administration.
The NPM has established possibilities for violation of the secrecy of correspondence.
Pursuant to Article 86, para 3 Execution of Punishments Act, “[T]he correspondence of inmates
shall not be subject to control of the written content, unless this is required for the detection or
prevention of grave crimes”. Thus, the administration in the places for deprivation of liberty
has acquired control powers over the inmates’ correspondence, without any sanction of a
judicial authority. In this regard the NPM is of the opinion that clear and precise statutory
criteria must be introduced in which cases violation of the secrecy of correspondence is
admissible, taking into account Article 34 of the Constitution of the Republic of Bulgaria,
which reads as follows:
(1) “The freedom and confidentiality of correspondence and all other
communications shall be inviolable.
(2) (2) Exceptions to this provision shall be allowed only with the permission of the
judicial authorities for the purpose of discovering or preventing a grave crime.”
Another problem which the NPM has established again and again through the years is
the excessive isolation of inmates serving life sentences without the right for substitution.
As regards the system of detention facilities, the NPM established substantial
differences in the material conditions in the detention facilities under prison management (e.g.
those in Pleven and Lovech) and those under the management of Regional Execution of
Punishments Services. The first category has all been repaired, unlike the second category (e.g.
the detention facility on G. M. Dimitrov Blvd. or the one in Svilengrad).
The NPM recommends to the Director General of the DG Execution of
Punishments to prepare a programme for the development of detention facilities, which
to propose to the Minister of Justice for deposition to the Council of Ministers with a view
to earmarking the required budgetary funds in the draft state budget for the next years.
9
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