received with delay. Information schedules were prepared and sent to the Supreme
Cassation Prosecution, CD ES and the District Prosecutor's Office – Bourgas for each
specific case on the grounds of art. 192, para 2 and para 3 of the Rules for the
Implementation of the Law on Execution of Sentences and Detention under Arrest.
In 2012 on the grounds of art. 447, para 1, items 2, 3 and 4 of the CPC the "imprisonment"
sentence was terminated in 98 cases. Many of the applications of the prisoners have been
rejected due to lack of facts proving the allegations set out therein. During the same
period there have been 241 signals to the courts and the prosecutor's offices in the
country as to omissions made.
In 2012 the Committee on Execution of the Sentences (the Committee under art. 73 of the
LESDA) had 6 meetings. Bourgas District Court made 44 proposals for CER of prisoners
and all of them have been sustained. By virtue of decision of the Committee 294 prisoners
was placed under lighter regime and 27 under stricter regime. At the proposal of the
Committee by virtue of ruling of Bourgas District Court 8 prisoners were transferred to
stricter regime that the initially determined one. 689 prisoners were awarded for
demonstrating outstanding discipline, serious work achievements and other positive
initiatives. There are 1273 memos registered regarding violations found, searches
performed, etc. These are recorded in a special register. Punishments were imposed on
615 prisoners based on the violations found.
21 prisoners in 2012 were subjected to maximum security measures under art. 117-118
of the LESDA. The District Prosecutor's Office in Bourgas was notified in due time in each
case in accordance with the provisions of art. 118, para 2 of LESDA.
14 accused and defendants are isolated in permanently locked premises and maximum
security and surveillance on the grounds of art. 248, para 1, item 1 of LESDA.
Copies of each isolation order for an accused or defendant is sent to the prosecutor
supervising the legality of the measure. 1 order was appealed against but it was sustained.
As at October 2013 in the prison in Bourgas there were 1 104 prisoners, accused and
defendants. 101 of them were placed in "Stroitel" OTBH; 120 – in "Zhitarovo" CTBH, and
883 – in the prison corps.
Disciplinary punishments were imposed on 590 prisoners.
Minutes No 4 of 8 August 2013 from the meetings of the Committee under art. 73 of the
LESDA required in the course of the NPM team inspection provide grounds for the
following conclusions: 285 prisoners have formal right to CER, the Committee issued
positive opinion to 5 prisoners and negative – to 280 prisoners; there are 460 prisoners
with vested right to transfer to lighter regime, of them positive opinion was issued to 32,
and negative – to 428 prisoners; a change of the regime into stricter one has affected 6
prisoners; 39 prisoners have a vested right to transfer to prison facility of lighter regime,
25 have been issued positive opinion, and 14 prisoners were issued negative opinion;
there are 6 prisoners with life sentences with vested right to transfer into general
premises, of which 6 were issued negative opinions.
As a result of the follow-up of the trends over a longer period of time the NPM team
believes that the number of approved CER should increase, with or without probation
measures. The Committees under art. 73 of the LESDA often presume that prisoners
granted conditional early release would commit a crime subsequently. The NPM does not
give credit to such concerns as, there is court control over the administrative proposal for
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