prerequisites leading to violation of the rights of the persons accommodated in such
facilities.
In the structure of the Ombudsman's institution was established Directorate
"National Preventive Mechanism and fundamental rights and freedoms". It employs
seven experts - they are a multidisciplinary team of lawyers, a psychologist, a physician
(MD) and experts in the field of public administration.
By amendments to the Law on Foreigners in the Republic of Bulgaria (SG, issue
23 of 2013) on the Ombudsman arose obligation to monitor coercive administrative
measures imposed on foreigners, namely:
1. compulsory escort to the borders of the Republic of Bulgaria;
2. expulsion.
This legislative change was dictated by the requirements of Directive 2008/115 /
EC of the European Parliament and of the Council of 16th December 2008 concerning
the common standards and procedures applicable in the Member States for returning
the illegally staying third-country nationals. According to Art. 8, para 6 of the Directive
"the Member States shall provide for an effective forced returns monitoring system".
In connection with these obligations on 8th April 2014 an agreement was signed
between the Ministry of Interior (MoI) and the Ombudsman of the Republic of Bulgaria
for cooperation in carrying out the monitoring of forced returns of illegally staying thirdcountry nationals.
At present, however, the administration of the Ombudsman does not efficiently
monitor the forced returns. The reasons for this concern are related to the resources.
Reducing the institution's budget for 2014 did not allow the Ombudsman to develop this
important activity on monitoring the forced returns.
ІІІ. INTERACTION OF THE NPM WITH INTERNATIONAL
AND NATIONAL AUTHORITIES. PARTICIPATION IN CONFERENCES
In 2014 cooperation and good communication between the Bulgarian NPM and
the Subcommittee on Prevention of Torture continued. Besides formal correspondence,
a video conference meeting with members of the Subcommittee was held as well, during
which were discussed key issues in the work of the NPM, the need for broader financial
independence and the opportunities for increasing the administrative capacity of the
mechanism, as well as the future cooperation between the two institutions. The main
findings and conclusions in the annual reports of the Ombudsman as NPM were
discussed, the interaction with the responsible national institutions and the nongovernmental sector, and the actions of the Subcommittee to the Bulgarian authorities
with a view to implementation of the recommendations made by the NPM.
At the end of May 2014, the Ombudsman as NPM joined the Network of the
national preventive mechanisms in South-East Europe. This happened at a meeting held
in Ljubljana, Slovenia, during which the participants in the network - Austria, Bulgaria,
Croatia, Macedonia, Montenegro, Slovenia, Serbia, Bosnia and Herzegovina, discussed
the way to prepare annual reports of the NPM, they exchanged their experiences and
good practices that could provide better and more efficient work in executing the
mandate of the NPM.
The NPM's experts participated in the international conferences on topics
directly related to the activity and operation of the mechanism - "Detention of
immigrants in Europe: Establishing common problems and developing minimum
standards", "Strengthening the effective implementation and follow-up of
recommendations given by the authorities dealing with the prevention of torture in the
EU", "Establishment of effective domestic remedies in respect of the conditions in
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