monitoring group of the NPM includes the places to serve the punishment of
deprivation of liberty with the Ministry of Justice, detention centres at the
Ministry of the Interior structures, special homes for temporary accommodation
of foreigners with the Migration Directorate and registration and reception
centres of the State Agency for Refugees at the Council of Ministers, residential
social care for children and adults, state psychiatric hospitals. For some of the
said groups of persons affected, the monitoring performed by the Ombudsman is
the only form of independent control of the observance of their rights.
In 2020, a total of 3,848 persons received protection from the NPM.
Throughout the period of state of emergency and emergency epidemic situation,
the Ombudsman ensured immediate public access to the cell phones of the NPM
experts to provide effective protection of the rights of all citizens residing in
closed institutions.
The Ombudsman has always expressed concern for the respect for the
rights of people at closed institutions but the protection of these rights proved to
be a grave challenge in the COVID-19 pandemic situation because this affects
seriously vulnerable persons given the nature of the restrictions imposed on them
and the difficulties to ensure adequate protection and anti-epidemic measures at
accommodation places. It is important to note that international law envisages
restrictions of almost all fundamental human rights if certain statutory conditions
are in place and the interference in these fundamental rights is carried out in the
discretion of the State. Only the prohibition of torture is absolute in nature –
it may not be derogated or restricted in any way.
The Ombudsman took a clear stand in this regard and noted the
necessary measures to guarantee the rights of persons placed in closed institutions
in the conditions of a pandemic situation. The official statement of the
ombudsman in this regard with a request that leading international and
European law protection standards be applied was sent as early as during
the state of emergency to all competent institutions, including the Minister
of Justice, the Minister of the Interior, the Minister of Labour and Social
Policy, the Director of the State Agency for Refugees. Later, a new element
was included in the methodology NPM representatives apply in inspections
which is related to a check of the implementation of the recommendations issued.
The state of emergency and the emergency epidemic situation resulted in
significant changes in the organisation of the work of the Ombudsman acting as
the NPM.
First, in view of the need to provide support to the citizens and their
rights in real time, in the beginning of the state of emergency, the cell phones of
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