CAT/C/BGR/CO/4-5 Independent monitoring of places of detention and other places where people are deprived of their liberty 11. The Committee welcomes the State party’s ratification of the Optional Protocol to the Convention and its intention to establish a national preventive mechanism within one year. The Committee is concerned that independent monitoring by civil society organizations is not allowed in all cases of detention and that non-governmental organizations such as the Bulgarian Helsinki Committee require a prosecutor’s permission for access to pretrial detainees (art. 2). The Committee recommends that the State party ensure independent, effective and regular monitoring of all places of detention by independent non-governmental bodies. Reform of the judicial system 12. While taking note of the establishment of the Judiciary Reform Strategy 2009–2013, the Committee is concerned at the lack of progress in judicial reform, including reported misconceptions such as the joint governance of the courts and the prosecution service. It is concerned by the lack of transparency regarding the selection and appointment of judges and members of the Supreme Judicial Council; that the principle of the independence of the judiciary is not respected by the organs outside the judiciary, including high-ranking government officials, nor fully applied within the judiciary; and by allegations of corruption within the justice system and lack of trust in the administration of justice, resulting in lack of public trust in the judiciary (arts. 2 and 13). The Committee recommends that the State party accelerate judicial reform, taking into account the preliminary conclusions and observations of the Special Rapporteur on the independence of judges and lawyers of 16 May 2011 and international standards - in particular the Basic Principles on the Independence of the Judiciary, Basic Principles on the Role of Lawyers, the Guidelines on the Role of Prosecutors and the Bangalore Principles of Judicial Conduct. The State party should ensure that the selection and appointment of judges, including to the Supreme Judicial Council, is transparent and that objective criteria provide equal opportunity for candidates. The State party should raise the awareness of judicial and other officials and the public at large about the importance of independence of the judiciary. There should be no external interference in the judicial process. The State party should strengthen efforts to combat corruption and ensure that all incidents of suspected corruption be promptly, thoroughly and impartially investigated and prosecuted, in particular within the framework of the Integrated Strategy for Combating Crime and Corruption 2010. National human rights institution and national protective mechanism 13. The Committee is concerned that to date there is no national institution in conformity with the principles relating to the status of national institutions for the promotion and protection of human rights (Paris Principles) in the State party, while taking due note of the fact that the Ombudsman and the Commission on Protection against Discrimination of Bulgaria have applied for accreditation to the International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights as the national institutions for the promotion and protection of human rights (arts. 2, 11 and 13). The Committee recommends that the Ombudsman and the Commission on Protection against Discrimination conform to the principles relating to the status of national institutions for the promotion and protection of human rights (Paris Principles). 4

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