units of the Central Directorate "Border Police". A good practice was found at the BCCP
Sofia Airport where the rules were translated into English.
The detained persons entered in the register of detained persons are issued detention
orders in 3 identical copies – one is served to the detained person immediately after its
issuance, one is attached in the file and one is filed in the records. The orders are signed
by the police authority and by the detained person. In compliance with the requirements
of art. 14 of the Instruction once the detained person is informed of the grounds for his /
her detention and his / her rights are explained: to use medical care, legal defence, to
request the appointment of defence lawyer as provided for in the Legal Aid Law; to
receive parcels and food; to notify an individual of his / her choice as to his / her
detention; to contact the consular authorities of the respective country – if the person is a
foreigner or a Bulgarian who is also citizen of another country. The detained person fills
in a declaration in two copies that he / she is aware of his / her rights. The first copy is
served to the detained person and the second copy is attached to the detention order.
Randomly selected and checked documents did not show any lack of signatures of
detained persons, of witnesses in case of refusal to sign by the detained person, on the
detention orders, on the declarations regarding the information of the detained person's
rights, on the search protocols, on the receipts for personal belongings and other
documents returned.
A major problem identified by the NPM in relation to the information to the detained
foreigners of their rights is the non-compliance with the legal requirement for timely
provision of an interpreter, who is to inform them in an understandable language with the
content of the detention orders, the declarations, the search protocols. This leads to
violation of the Convention for the Protection of Human Rights and Fundamental
Freedoms, the Law on the Ministry of Interior and art. 15 of the Instruction. BPD Kalotina
and BPD Elhovo are the only ones using the services of a licensed translation agency. The
practice at BPD Zlatarevo to translate the declarations in several languages should be
pointed out as a positive practice.
Protection measures
Detained persons register, register of the amounts spent on food for the detained persons,
register of the visits, items and food products received, medical exams register, register
for taking the detained persons out of the detention facilities, EURODAC inspection
register, escort activity register, inspection register were checked during the inspections.
NPM did not find any omissions in the keeping of the required documentation.
42
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