ІХ. PROTECTION OF PRISONERS IN CORRECTION FACILITIES
During the past 2013 NPM teams carried out three planned visits and one inspection
related to a signal filed about the use of force in the correction facilities (CF), in order to
check the implementation of the recommendations provided in the prior 2012 to the state
authorities. The correction facilities in Bobov Dol, Bourgas, and Varna were amongst the
locations chosen for visits.
The subject matter of the inspections covered the following matters: treatment
(degrading, cruel or inhuman treatment of the prisoners, as well as amongst them,
isolation, restrictive measures, use of force); protection measures (checks and
inspections, complaint and signal filing procedures, disciplinary procedures, separation of
the various prisoner categories); living conditions (food, lighting and ventilation, personal
hygiene, sanitary premises, accommodation and congestion) and medical services (access
to health care, specific health services to women and children, specific health services to
people with mental diseases, medical staff).
In order to present a specific snapshot of the CF the NPM emphasises certain aspects of
the above-mentioned in this report.
Overall description of the sentence execution system and the correction facilities in
Bulgaria
In 2002 and 2008 the Committee for Prevention of Torture (CPT) visited the prisons in
Bourgas and Varna. During the visit in 2008 the CPT recommended a minimum living
space of 4 sq. m. per prisoner at an average, which standard was introduced in the Law on
Execution of Sentences and Detention under Arrest (LESDA). The entering into force of
the Law was linked to the implementation of an investment programme of the
government, which the CPT was informed is postponed until 2019. The recommended
and postponed standard is the minimum according to international standards. This
means doubling the living space for 11 of the male prisons in Bulgaria, and for the prison
in Bourgas – tripling of the living space.
There are three government decisions passed in this area:
- Decision No 767 of 2008 of the Council of Ministers for the period 2009-2015, which
envisages the construction of five new prisons on the grounds of art. 13, para 3, item 5 of
the Rules of Procedure of the Council of Ministers and its administration;
- Decision No 168 of 2010 compliant with the capital expenses approved in the budget of
the Ministry of Justice for the same year with commitments for new prison related
activities in Sofia, having art. 84, para 1 of the LESDA as its legal grounds;
- Protocol decision of 8 September 2010 of the Council of Ministers stating the
programme until 2013, having art. 43 of LESDA as its legal grounds. Activities for the
construction of prisons in Sofia, Varna and Pleven, as well as new boarding house to the
prison in Bourgas and expansion of the boarding house to the prison in Varna are
envisaged under the third decision.
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