3.1.2 NATIONAL FRAMEWORK CONCERNING DEPRIVATION OF LIBERTY
Regarding reasonable accommodations the interviewed Sofia Regional Court judge shared
that while she was working at the District Court she has visited the hospitals where persons
were placed under compulsory treatment (and was aware of the conditions, regime, relationships between staff and patients) but her younger colleagues in general are not aware of them.
During COVID 19 pandemic part of the cases were heard by the court on Skype and the person
with disability was involved directly from the room where he/she was placed. Because of the
pandemic the most appropriate place where the court hearings should take place has been
discussed by the Sofia Regional Court judges. Arguments for both court rooms and hospitals
rooms were considered, but the prevailing ones seemed to be that court hearings would be
better to take place in the psychiatric hospitals in order judges to receive immediate impression
of the treatment conditions and difficulties for the disabled person to be spared.96 However, in
2016 when the judge has worked at the District Court she heard that the majority of the disabled persons wanted to be in the courthouse because they felt resentment towards the hospital
from which they were brought for the hearings and the doctors accordingly.97 A District Court
judge is of the opinion that: it is very important that judges are required to have immediate
impressions and in an environment that is conducive and safe for the concerned disabled person. Because the Bulgarian law allows, e.g. compulsory treatment proceedings that the person
should not be brought before the court if his/her health condition does not allow it, which may
actually be a form of abuse and the person with a disability may be eliminated as a person in the
proceedings and in his case.98
The third interviewed judge underlines also that the behavior of the judge should be predisposing and relaxing in these cases. I always give the disabled defendants the opportunity, if they
want to ask questions of witnesses and experts, to make any requests, objections, whatever
they want in the court proceedings itself, because it is important to answer the most important
question - does this person need compulsory medical treatment.99
Bulgaria, Interview with Sofia Regional Court judge M.T. on 13 May 2022.
Bulgaria, Interview with Sofia Regional Court judge M.T. on 13 May 2022. Because it is kinder to the person who is supposed to
have some difficulty and the stress and inconvenience of being there in a courthouse (where there are many other people who do
not have the same difficulties as him, because the cases are heard by criminal judges and are on their general schedule) will be
spared.
97
Bulgaria, Interview with Sofia Regional Court judge M.T. on 13 May 2022. So the considerations trial hearings to take place in
the hospital are substantiated by the view that the judge sees where the person is placed, is aware of the conditions and that the
transportation of the person and the humiliation is saved.
98
Bulgaria, Interview with District Court judge V.C. on 13 May 2022.
99
Bulgaria, Interview with Sofia District Court judge V.K. on 9 June 2022. In my opinion, these proceedings should be carried out
by the panel in a gentle environment, in gentle conditions. The judge must first predispose the defendant to speak, to relax, and
he should tell from his point of view what happened; why it happened; does he wish to tell anything specific about the event that
necessitates his treatment; how he feels; does he show emotions - for example crying, sharp change of behaviour, laughter –
these should be recorded in the hearing protocol.
95
96
Bulgarian Helsinki Committee
33
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