Reasonable is the introduced limit on the range of persons with whom the detainee may lead
conversations. There is an explicit prohibition on interception of telephone conversations between
a counsel and a client. Concerning other discussions it has been found out that „the nature and the
content of telephone conversations can not violate security and order in the detention facility.” In
case of failure to observe this procedure, the call might be interrupted. The authority which takes
the decision is not specified as well as the nature of the offense, which could lead to such penalty.
There is no difference in practice concerning privacy of correspondence of detainees and of those
deprived from liberty, despite differences in the legislation. In interviews conducted with the staff
of detention facilities, prisons and dormitories they have explained that in case of a signal related
to the safety of the detention facility, they are required to break the confidentiality of
correspondence. The above puts the supervisory staff in a situation where they can be punished
for violating the rights of prisoners and for untaken security measures, according to the
managemnet’s judgement.
Recreation and meaningful activities
A major defect in Bulgarian detention facilities is the lack of access to a real stay outdoors of the
detainees. The place to stay in the open is often greater indoor premise (as in Pazardzhik, Haskovo,
etc.) or the corridor in front of the dormitories. In some detention facilities (e.g., Montana) a stay
outdoors is missing and is not provides at all. The NPM team believes that in some detention
facilities it is possible with minimum financial means to build such a place (Lom, Pazardzhik.), but
due to the shared use of the yard with authorities of the MoI an agreement has not been yet
reached. Staying in the open as per section 54 of the internal rules and regulations of the detention
hacilities is „one hour per day for each detainee, and for pregnant women and minors - not less
than two hours.” In case of failing to comply with the above compensation is foreseen in
subsequent days. The reasons are recorded in a report on transmission of the duty of the head of
the detention facility. There is no requirement the report to be written or to have a special
register, possibly a decision of the head of the facility, on the merits of the reasons, respectively –
controlling the compensation. In this way, neither the imperative requirement for daily stay
outdoors is neither observed, nor subsequent control by the General Directorate „Implementation
of penal sanction” or by the supervising prosecutor is possible. The lack of sufficient supervisory
staff does not allow coming outdoors over the weekend and this is a systemic reason for the failure
to reach the daily minimum stay in the open.
Paying attention to the special needs of young people is difficult to implement due to the lack of
living space and meaningful activities for detainees. The law provides such opportunity, but the
iternal rules and regulations of the detention facility do not specify the type and the procedure of
their implementation in accordance with existing opportunities.
Access to information concerning rights and obligations of detainees
The internal rules and regulations of the detention facilities are specified by an order of the head
of the General Directorate „Implementation of Penal Sanctions” under No Л- 6399 of 26.10.2010.
Item 11 of the above order neither provides access to the detainess to the contents of the internal
rules and regulations of the detention facilities in an easily accessible manner, nor provides a copy
of the text containing information about their rights. The established practice is the detained
Bulgarian and foreign citizens to be informed verbally of their rights, which they certify by
21 Annual Report of the National Preventive Mechanism |
OMBUDSMAN OF THE REPUBLIC OF BULGARIA
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