Recommendations were made because of the high degree of overcrowding and poor living
conditions in such facilities, as it is impossible to carry out corrective action and there is a risk of
harm to the physical or mental health of detainees.
According to sentence 2 of the quoted provision of art. 46 of LIPSD, “recommendation shall be
submitted within one month with the Council of Ministers by the Minister of Justice. Within three
months the Council of Ministers shall announce the measures taken to solve the problems.” In
none of the three cases, the Minister of Justice has not undertaken any action on submitting the
recommendations with the Council of Ministers. Hereby the NPM puts back to the attention of the
Minister of Justice these recommendations and would like to receive information on what actions
will be taken under art. 46 of LIPSD.
BASIC FINDINGS FROM THE INSPECTIONS OF THE PRISONS, PRISON DORMITORIES,
REFORMATORIES AND DETENTION FACILITIES
In preparing the schedule of inspections in 2012 the Ombudsman in his capacity of a NPM focused
on facilities which are perhaps the most vulnerable in terms of human rights - prisons, prison
dormitories, correctional institutions (reformatories) and detention facilities. The NPM has
inspected all of the above mentioned facilities within the territory of Bulgaria.
The slashing critics of Bulgarian prisons, dormitories and detention facilities by national and
international organizations are numerous and multidimensional. The number of judgments of the
European Court of Human Rights in Strasbourg over poor conditions in Bulgarian prisons is also
alarming. The system of the detention facilities lacks the necessary resources to provide quality in
exercising their basic functions in implementation of the punishment “deprivation of liberty” and
subsequent re-socialization for correction of the convicted and reduction of recidivism.
The enduring trends mentioned hereinabove are the reason for the NPM to conduct a thorough
analysis of these facilities, encompassing all aspects of their operation.
I. Prisons, prison dormitories and reformatories
Admitance, initial allocation and relocation
The Law on Implementation of Penal Sanctions and Detention (LIPSD) requires for the transfer of
defendants and accused persons to a prison or a reformatory the order of the prosecutor or the
court to be accompanied by a copy or excerpts of the written opinion of the investigative authority
or by an indictment and medical information about the individuals. According to art. 48, para 1,
item 6 of the LIPSD, on accommodating inmates at the reception room the information related to
... health condition of the newly admitted person on condition of meeting the requirements for
confidentiality of medical data shall be recorded. Analysis of this provision shows that the rules are
not consistent in its fullness with the recommended provision prescribed in the European Prison
Rules, to provide medical information available on the prisoner. That, in the opinion of the NPM,
creates difficulties in finding injuries to prisoners and the need for additional information from the
administration of the detention facility in which the person has been. To the text should be added
7 Annual Report of the National Preventive Mechanism |
OMBUDSMAN OF THE REPUBLIC OF BULGARIA
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