•
Material conditions in the institutions must comply with the requirements under Article
40f of the Rules on the implementation of the Social Assistance Act, including as regards
accessible environment.
•
When appointing a guardian or custodian, recourse must be made to Article 156, para 1
of the Family Code in order to limit the number of cases where a staff member of the
specialised institution is appointed guardian/custodian.
•
Competent institutions should exercise effective control over service providers of
residential care for elderly people in accordance with the Social Assistance Act and its
Implementing Rules.
•
The Methods approved by the MLSP for designating personnel positions in specialised
institutions as well as social services must be upgraded.
VІІ. POLICE CUSTODY FACILITIES
In 2015 the NPM conducted eight inspections of police custody facilities with the Ministry of
Interior.
The NPM commends the adoption of the new Instruction no. 8121з-78 of 24 January 2015 on
detention procedures, equipment and order in police custody facilities. The instruction takes into
account the recommendations made by the NPM from 2012 to 2014. The NPM acknolwedges
the efforts made by the MoI management to improve the material conditions in some police
custody facilities.
At the same time the NPM established repetitive deficiencies: overcrowding, no service facilities,
problems with food and medical care, omissions in informing detainees of their rights and
keeping detention records.
Unfortunately, no action has been taken on some of the recommendations made by the NPM
such as regulating the coordination between the Ministry of Interior and Ministry of Health as
regards medical care in police custody facilities.
The NPM would like to underscore the continuing lack of effective control by the inspecting MoI
bodies and Prosecutor’s Office over the records kept by the police units where there are custody
facilities.
CONCLUSION
In 2015 the NPM found some progress in human rights protection in places of detention. The
Bulgarian institutions pledge commitment to act upon the recommendations made and have
taken some action to eliminate general or systemic problems in the places of detention. In
2016 the NPM will monitor how sustainable are these intentions and what will be the
consequences of actions taken.
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