Memo from D. D. – warder in the prison, medical certificate issued to G. P., search protocol
for cell No 17, memo from V. A. – warder in the prison, and explanations from the
prisoners in cell 17.
The inspection team asked to see the records from the surveillance cameras in the
corridor but found out that no such are installed in the corridor for foreigners.
The inspection found undisputedly that on 17 October 2013 at approximately 8:30 am
force and support devices have been used against the prisoners in cell No 17 – there were
suffusions on the bodies of some of the prisoners. The reason for the use of force and
support devices is failure to obey the verbal order given by the warder D. D. that the
prisoners should come in front of the cell for a check upon handing over of the duty. The
use of force and support devices is ordered by the chief warder on the grounds of art. 113,
para 1, item 1 and art. 114, para 1, item 2 of the Law on Execution of the Sentences and
Detention under Arrest.
According to the NPM team the use of force is legal, but the inspection carried out failed to
support explicit conclusion as to when the use of force has commenced and how long it
continued - if the use of force has continued after the prisoners were forced out of the cell,
then there would be clear disproportion in the use of force.
With respect to the use of support devices the inspection team of the opinion that they
were used against the law. Art. 114 of the LESDA comprehensively lists the cases when
the use of support devices is allowed. None of the hypotheses regarding the use of
support devices set out in the law were present in this specific case. The prisoners were
passive all the time, while disobeying the order to go out of the cell.
The Ombudsman, in the capacity as National Preventive Mechanism, gave
recommendations to approve detailed procedures regarding the use of force, including:
the different types of force that may be used; the circumstances in which each type of
force may be used; staff members who have the right to use the different types of force;
the level of powers required prior to the use of force; the reports to be drawn up after the
use of force.
The Bulgaria Law on Execution of Sentences and Detention under Arrest does not provide
for such detailed definition of the types of force and circumstances when it may be used.
Legislative amendments in this area are urgently required and the national Ombudsman
recommends to the Minister of Justice to discuss and initiate such changes in the legal
framework.
The NPM also recommended that the Chief Director of CD ES should undertake steps for
the training and debriefing of the personnel in all prisons on the hypotheses provided for
in the law with respect to the use of support devices on the prisoners. The Ombudsman
recommended to the Chief Director of GD ES to undertake steps for the installation of
CCTV equipment in all corridors in the prisons thus ensuring the security of these spaces
and guaranteeing a possibility to establish the objective truth during the investigation of
similar incidents.
59
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