NATIONAL LEGAL AND POLICY FRAMEWORKS CONCERNING DEFENDANTS AND PERSONS DEPRIVED OF LIBERTY WITH INTELLECTUAL AND/OR PSYCHOSOCIAL DISABILITIES IN LAW AND IN PRACTICE 3.1.2 National framework concerning deprivation of liberty First of all, it is important to note that police, investigative authorities and prosecutors have no mechanism to identify and assess common indicators that a person (a suspect, witness or victim) has a disability. The law fails to require that when there are signs of vulnerability in a criminal suspect this information be relayed to the appropriate authorities so as to trigger further medical assessment and care/support. 3.1.2.1 Police detention The Bulgarian legislation does not use the term “suspect”, but only the term “detainee” and “accused”. The detainee is a person for whom “there is information that he/she has been involved in the commission of an offence” and who is held at the police department against his/ her will on an arrest order which is valid for 24 hours.64 Bulgarian legislation does not contain any provisions that specifically regulate the manner in which information is conveyed to suspected or accused persons with IPD about their procedural rights nor does it contain any specific provisions for the very right to information. Police officers do not have access to information pertaining to the disability status of the detained persons, nor are they aware of whether or not the detainees have any appointed guardians (whenever that is the case). The general rule is that immediately upon arrest all detainees must be informed of the reasons for their arrest and the ensuing legal consequences, as well as of their procedural rights.66 All persons held in police custody are informed of their right to medical assistance,67 the right to a lawyer,68 and the right to inform a third party of their detention69 and they complete a designated form70 to declare their intention to exercise or waive these rights.71 Bulgaria, Ministry of the Interior Act (27.06.2014), Art. 72. The police have the right to detain a person: for whom “there is information that he/she has been involved in the commission of an offence” or who knowingly obstructs law enforcement authorities from performing their duties, or who shows signs of a serious psychiatric disorder and whose behaviour disturbs the public order, or who puts his/her own life or the life of others in danger, etc. 65 The summons for questioning are available only in two generalized formats: one is for persons who are participants in the proceedings under the Criminal Procedure Code (CPC), and the other is for general questioning at the police department which can be used for persons who are actual suspects. However, the summons for questioning are not available in a format that is specifically designed and worded for persons with IPD. 66 Bulgaria, Ministry of Interior Act (27.06.2014), Art. 74 and Instruction 8121з-78 of 24 January 2015 on the Order for Executing Arrests, and the Accommodation Requirements, Rules and Procedures at Detention Facilities of the Ministry of Interior, (Инструкция № 8121з-78 от 24 януари 2015 г. за реда за осъществяване на задържане, оборудването на помещенията за настаняване на задържани лица и реда в тях в Министерството на вътрешните работи), Art. 15, available in Bulgarian at: http://dv.parliament.bg/DVWeb/showMaterialDV.jsp;jsessionid=C90D4AE4E1A53C0CD2D603FEF8CF166D?idMat=91688. 67 Bulgaria, Instruction 8121з-78 of 24 January 2015 on the Order for Executing Arrests, and the Accommodation Requirements, Rules and Procedures at Detention Facilities of the Ministry of Interior, Art. 15, para. 1, item 3 and the Ministry of Interior Act (shortly, Instruction 8121з-78 of 24 January 2015) , Art. 74, para. 2, item. 6, “c”. 68 Bulgaria, Instruction 8121з-78 of 24 January 2015, Art. 15, para. 1, item 2 and the Ministry of Interior Act (27.06.2014), Art. 74, para. 2, item 6, „b”. 69 Bulgaria, Ministry of Interior Act, (27.06.2014), Art. 74, para. 2, item 6,„d”. 70 Bulgaria, Instruction 8121з-78 of 24 January 2015, Annex № 1 to Art. 15, para. 2. 71 Bulgaria, Instruction 8121з-78 of 24 January 2015, Art. 15, para. 1, item 3 and the Ministry of Interior Act, Art. 74, para.3. 64 26 SLAVKA KUKOVA