exam is provided only at the explicit request of the detainee or in case of occurrence of
obvious health condition. Thus in most cases there is actually no medical exam.
It was found during the inspection of the medical exams register that in some places the
time or date of the medical exam carried out are not recorded therein. In violation of the
provision of art. 3 of the Instruction the results and the potential medical prescriptions
are recorded by the police officer but are not signed off by the doctor (RDP Devin_. The
medical certificates issued at some RDPs (for example, RDP Gotse Delchev_ are kept in a
file and are thus used as "Register of medical exams“. The NPM believes that this practice
creates a prerequisite for the addition of documents prepared later than the time of the
actual event.
The inspection of the documents at some of the inspected locations (RDP Razlog) found
that there are empty lines left in the registers. This allows recording of medical exams at a
later stage and therefore – provides an opportunity for abuse. The purpose of the medical
exams register is to record them chronologically without an opportunity for additional
"insertion" of fictitious exams.
In view of the guaranteed right to medical exam the NPM gave a number of
recommendations in the current reports drawn up, amongst which are:
- to establish regulated relations between the authorities of the Ministry of Interior and
the officers of the Ministry of Health;
- to keep medical exam registers (Appendix No 4) which are to be used by the police
officers to record the results and the potential medical prescriptions and are to be signed
off by the doctor in accordance with art. 20, para 3 of the Instruction.
- to strictly keep a register in accordance with art. 87, para 1 , item 6 (Appendix No 4),
which register has to be stringed together and numbered in order to avoid the entry of
untrue information.
Awareness of the detained persons as to their rights
Randomly chosen and checked documents did not reveal any lack of signatures by the
detained persons or by witnesses in case of refusal to sign, on the detention orders, on the
declaration for information about the rights, the search protocols, the receipts for the
returned personal belongings and other documents. In all locations inspected the NPM
team found existence of dedicated records keeping register used to record the detention
orders in accordance with Appendix No 9 to art. 11, para 4 of the Instruction.
Rules on the Internal Order at the Detention Facilities exist and are approved at all police
departments. They contain the requisites required – rights and obligations of the detained
persons, restriction regime and the place of accommodation, set out in art. 41-46 of the
Instruction.
The NPM found that there is no legislative requirement regarding the procedure to inform
the detained persons with the Rules within the different structures of the MI. The practice
established is to place these Rules in a place accessible for and visible to the detainees.
The information boards in many RDPs are used to place excerpts of the rights of the
detained persons as provided for in art. 63 of the Law on the Ministry of Interior, as well
as current lists with the lawyers on duty (ex-officio appointed attorneys) from the
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