3.1.2 NATIONAL FRAMEWORK CONCERNING DEPRIVATION OF LIBERTY
to another detention center or to a prison.196 Accused and defendants are visited by a doctor at
least once a week, and in urgent cases - immediately. In emergency cases, immediate medical
assistance is provided, and if necessary, the detainee is accommodated in a specialised medical
facility, including outside the penitentiary system, about which the investigative body, the relevant prosecutor or court are immediately notified. The doctor’s prescriptions are mandatory
for the employees of the security and administration of the prison or detention center.197 All detainees in pre-trial detention facilities are entitled to receive medical assistance at the places of
detention198; the medical assistance is provided by a medical professional working at the place of
detention. There is no special regime in place to ensure the regular provision of medical care to
persons with IPD during the pre-trial proceedings. However, there are some general provisions
that regulate the enforcement of compulsory medical treatment in cases when the person is in
a state of mental incompetence/criminally irresponsible199, in need of hospitalisation, or needs
to be admitted to a specialised psychiatric facility. 200
The prisons also accommodate persons detained on request for extradition to a foreign country, as well as Bulgarian citizens sentenced to imprisonment by a foreign court and handed
over to Republic of Bulgaria to serve the imposed sentence. Until the execution of the extradition decision to the foreign country and until the entry into force of the court’s decision regarding the execution of the foreign sentence, these persons enjoy the rights of the accused and the
defendants under Bulgarian law. 201
The total number of persons in pre-trial detention in 2021 was 10 795, compared to 10 683 in
2020. 202 The number of pre-trial detention facilities is 26. The number of detained foreign nationals in 2021 was 1 469, which is 50% more than in 2020, when their number was 962. 203 The
growth can be explained by the changed migration situation in the country and the larger number of citizens of third countries detained by the Ministry of Interior during the year - three times
more than in 2020. 204 In 2021, the total of 1 537 persons were detained for up to 72 hours; 8 767
persons were detained for up to two months; 1 491 persons - from two to six months and 537
persons for over six months. 205 Out of the 26 detention facilities, in a number of them material
Bulgaria, Execution of Punishments and Restraint Measures Act (1.06.2009), Art. 243, para. 5.
Bulgaria, Execution of Punishments and Restraint Measures Act (1.06.2009), Art. 255.
198
Bulgaria, Decree № 2 of 22.03.2010 г. on the Rules and Conditions for the Provision of Medical Services at Detention and Correctional Facilities (Наредба № 2 от 22.03.2010 г. за условията и реда за медицинското обслужв��не в местата за лишаване от
свобода), Art. 54, available in Bulgarian at: http://www.lex.bg/mobile/ldoc/2135675773.
199
Bulgaria, Criminal Procedure Code (29.04.2006), Art. 427 - Art. 432 and Criminal Code, Art. 89-92.
200
Bulgaria, Decree № 2 of 22.03.2010 г. on the Rules and Conditions for the Provision of Medical Services at Detention and Correctional Facilities, Art. 32 and Art. 33.
201
Bulgaria, Execution of Punishments and Restraint Measures Act (1.06.2009), Art.260.
202
Bulgaria, “Execution of Punishments” Directorate, Information, received under the Access to Public Information Act by the
BHC, letter № L-186/18.01.2022.
203
Bulgaria, “Execution of Punishments” Directorate, Information, received under the Access to Public Information Act by the
BHC, letter № L-186/18.01.2022.
204
Bulgarian Helsinki Committee, 2021 Annual Report, p. 88, available in Bulgarian at: https://www.bghelsinki.org/bg/reports/pravata-na-choveka-v-bylgarija-prez-2021.
205
Bulgaria, “Execution of Punishments” Directorate, Information, received under the Access to Public Information Act by the
BHC, letter № L-186/18.01.2022.
196
197
Bulgarian Helsinki Committee
53
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