The conclusions of the experts of the Ombudsman are based on the documentation
checked – detention orders, declarations, medical exams register, and interviews with
individuals detained and placed in the detention facilities. The requirement of art. 14,
para 1 of the Instruction is observed in practice – after the detention each person
detained is informed of his / her rights (in the specific case the legal hypothesis of item 1
of the same article – to use medical help), which is reflected in a declaration (Appendix No
1 to art. 14, para 2 of the Instruction).
During the inspections the Ombudsman's experts did not find violations by the police
officers with respect to the provision of the medical services guaranteed by law.
The NPM found differences in the provision of medical exams in several respects. Firstly,
there are many police departments where each person placed in the detention facility is
subjected to medical exam, upon his / her release and in compliance with the provision of
art. 20, para 1 and para 2 of the Instruction, i.e. in case of a request for medical exam or
when the health condition of the detainee requires such an exam.
Differences have been found with respect to the practice for the provision of the medical
exams. Medical services are usually provided by the Emergency Health Service Centres
(EHSC) and their affiliated centres. The detained persons are escorted to the emergency
health centre, where the exams take place. An order is issued to escort the detainee,
which order is recorded in the escort activity register. Medical exam sheet is issued for
the exam. The transportation of the detainees to the healthcare establishment is by means
of patrol car from the fleet of the police department and two police officers are assigned
as physical guards. This is the organisation established in more than half of the District
Police Directorates of the MI.
There are police departments where the teams of the EHSC / EHSAC visit the respective
RPD in order to carry out the exams.
In other MI structural units, where there are dedicated medical services (for example,
DPD of MI in Kyustendil, DPD of MI in Blagoevgrad, DPD of MI in Varna, DPD of MI in
Bourgas) the medical exams during working hours are done by a doctor who is a full-time
employee of the MI, and on holidays and after working hours – by specialists from the
EHSC / EHSAC in the respective town.
The NPM received information that during the past years the EHSC / EHSAC often refuse
to respond to direct calls for exams at the 24-hour detention facilities. This was found at
RDP Blagoevgrad and RDP Stamboliyski. The problem was resolved in 2013 after the
introduction of the practice that the emergency health service centres are notified using
the 112 emergency number, which is serviced by the "112 National System" Directorate
at the MI.
The NPM recommends the establishment of relations regulated by law between the
authorities of the Ministry of Interior and the officers of the Ministry of Health.
The Ombudsman, in the capacity as NPM, also found omissions in the reporting for the
medical exams carried out. For example, medical exam is carried out at the EHSAC in
Sandanski of a person detained at RDP Sandanski. A special form covering the health
condition of the detained person should be filled in at the EHSAC. This form should be
attained to the detention order and the search protocol. However, the inspection of the
documents carried out by the NPM team found that this is not done in most cases. Medical
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