3.1.2 NATIONAL FRAMEWORK CONCERNING DEPRIVATION OF LIBERTY
The Execution of Punishments and Restraint Measures Act (EPRMA) provides for the rights and
obligations of prisoners. Some challenging aspects of their implementation could arise when
prisoners with IPD are concerned in two areas. The first is that all newcoming prisoners are informed in an understandable language while in the reception unit about the internal rules and
their rights and obligations. This information might be handed in written upon request from
the prisoner. 211 The second is that all newcoming prisoners are obliged to cooperate in carrying
out medical examination and psychological assessment. 212 Mandatory psychological assessment is carried out for those sentenced to life imprisonment, to those sentenced to a sentence
of more than 10 years of imprisonment, as well as to the prisoners with a “very high” and “high”
identified risk of harm. In other cases, assessment is conducted at the reasoned request of an
inspector of social activity and educational work. 213 One of the few reasonable accommodation
measures is Art. 60 of the EPRMA providing that “by order of the head of the prison, separate
wards can be set aside for the accommodation of prisoners with a high degree of public danger, suffering from alcoholism or drug addiction, persons with mental disorders or vulnerable
persons with a view to their safety, as well as the safety of other prisoners and prison employees
as well.”214 In case of suspicion of a psychosocial disability of a prisoner, clinical-psychological
and psychiatric examinations are conducted to clarify the diagnosis. 215 Those suffering from
psychosocial disability who require hospital treatment are placed in the specialised hospital
for active treatment of prisoners. 216 If mental incompetence is established, the prisoner shall be
sent for treatment in a specialised psychiatric facility217 (outside the penitentiary system). The
prisoners with addictions or suicidal behaviour are kept under supervision by the psychiatrist
and the psychologist-inspector. Specialised treatment programs are elaborated for them. 218
Medical care for prisoners is carried out in medical centers and specialised hospitals for active
treatment of prisoners at the prisons. 219 Such hospitals are located only in Sofia and Lovech.
During the stay in the reception unit, each convict is involved in the adaptation program and
an assessment of the risk of recidivism and harm and an initial report are prepared. 220 For persons with IPD for whom it is impossible the abovementioned diagnostic activities to be carried out, a psychiatric and psychological assessment is conducted. 221 After completion of the
Bulgaria, Execution of Punishments and Restraint Measures Act (1.06.2009), Art. 52.
While in the reception unit, an assessment of the risk of recidivism and harm is prepared for each new arrival, regarding personal characteristics, health status and work capacity, and recommendations for future group or individual work are elaborated
by the relevant social worker, the prison doctor and the psychologist.
213
Bulgaria, Execution of Punishments and Restraint Measures Act (1.06.2009), Art. 55.
214
Bulgaria, Execution of Punishments and Restraint Measures Act (1.06.2009), Art. 60.
215
Bulgaria, Execution of Punishments and Restraint Measures Act (1.06.2009), Art. 147, para. 1.
216
Bulgaria, Execution of Punishments and Restraint Measures Act (1.06.2009), Art. 147, para. 2. There is only one such hospital - in
the town of Lovech.
217
Bulgaria, Execution of Punishments and Restraint Measures Act (1.06.2009), Art. 147, para. 3.
218
Bulgaria, Execution of Punishments and Restraint Measures Act (1.06.2009), Art. 148.
219
Bulgaria, Execution of Punishments and Restraint Measures Act (1.06.2009), Art. 129.
220
Bulgaria, Execution of Punishments and Restraint Measures Act (1.06.2009), Art. 154, para. 1 and 2. The initial report includes:
assessment of the risk of recidivism and the risk of harm; factors forming the risk of recidivism; proposals for compensation of
personal deficits and limitation of the factors forming the risk of recidivism and the risk of harm.
221
Bulgaria, Execution of Punishments and Restraint Measures Act (1.06.2009), Art. 154, para. 3.
211
212
Bulgarian Helsinki Committee
55
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