Ministry of Justice and CD ES related to the correction facilities; lack of measures
undertaken by the penitentiary administration to resolve issues within its competency,
which do not require approval at a higher level authority.
Drastic example of the failure of the responsible state institutions to act is lack of
measures for the implementation of the government programmes passed by the Council
of Ministers. The lack of or the limited information provided to the prisoners with respect
to the living space, medical services, work and conditions for change in the regime of
execution of their sentences, they are entitled to, are also part of the alarming trends
noticed during the NPM inspections. The problem with the awareness regarding a change
in the regime, transfer to boarding house and CER is a common problem throughout the
whole CF system. Significant tension is created in the micro environment in the correction
facilities with respect to the unjustified overruling of requests for subsequent
redistribution of the prisoners. The refusals for transfer are not provided to the prisoners
and the latter are informed about the decisions verbally against signature. This practice
makes the appeal against these decisions and the use of legal defence extremely difficult.
The negative finding from the 2012 NPM inspections is still in place that the decisions for
transfer, change of the regime and CER of the Committees under art. 73 of LESDA are not
supported with the risk assessments required. The lack of will in the state to resolve
many of the problems in the prisons and in the prison boarding houses is proven with the
continuing persistence of the authorities against compliance with Recommendation
(2006)2
of
the
Committee
of
Ministers
to
member
states
on the European Prison Rules, according to which: „the conditions in the prisons which
violated the human rights of the prisoners may not be justified with the lack of resources“.
The conditions in almost all CF in Bulgaria continue to be degrading and inhuman. There
is not enough living space and access to daylight, medical services provided do not meet
the recognised and established standards, hygiene is poor, no signalling and CCTV
systems appropriate for such facilities are put in place yet.
In addition to the issues related to the correction facilities themselves and the people
placed there, people employed in the penitentiary system are faced with significant
problems as well. There is severe deficit of warders and psychologist inspectors, as well
as social inspectors. The adequate revision of all full-time staff positions related to the
prisons and boarding houses thereto is of critical importance. Increasing the number of
staff is important both for the respect to the rights of the prisoners, and to the good work
with them, which reflects the subsequent re-socialisation in the society and has
preventive effect against repeated offences.
Inspection related to a signal as to violence in the prison in Sofia
In relation to signal regarding illegal violence to foreigners in the prison in Sofia on 17
October 2013 members of the team of the National Preventive Mechanism carried out an
inspection on site in the prison on 23 October 2013.
Discussion with the warden of the prison was held, as well as with the prisoners G.P., K. R.,
S. E., F. S. A and the other prisoners in cell 17 and prisoners from the neighbouring cell 16
were also interviewed. The correspondence on the case was requested and presented. It
contains information regarding the accident to CD ES and Sofia City Prosecutor's Office,
58
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