JUSTICE FOR ALL
The pilot project identified as a promising
practice brings social service providers,
judges, medical experts and the person
with disability work together in assessment
of the situation of the concerned persons
and in provision of support before, during
and after the court proceedings. This is not
explicitly provided for in legislation as an
obligation but is an available option since
2020 when the Social Services Act was
enforced. However, such appropriate social
services are not provided in all court regions
yet and the judges are not aware of them
wherever they are available.
According to the interviewed judges and
service providers (implementing the project)
support services for persons concerned
should be referred by the court. The view
that the judge can and should refer to
social services and/or services providing
support, tracking out-patient treatment,
and ensuring that no one is arbitrarily
deprived of liberty (because of lack of
housing) should be vigorously applied in
practice. Currently, in judicial circles in
Bulgaria, this unpopular understanding is
interpreted as over-empowerment and is
considered to usurp the role of the social
worker. However, the judges must be aware
of the CRPD principles and rights of the
persons with disability and must collect
evidence about the readiness and ability
of the social workers and all other experts
to apply these principles and standards on
the practical level. In case the judge or the
prosecutor find there is no proper service
in place or/and social workers and/or other
experts are not prepared to properly apply
the CRPD, the legal framework should
allow them to recommend to the relevant
authorities building such services or ensure
capacity building of the social workers/
other experts.
Social service providers and the Social
Assistance Departments (which work with
people with disabilities) should be involved
in compulsory and involuntary treatment
proceedings and probation proceedings,
because they are competent under the
Social Assistance Act and the People with
Disabilities Act. This is not a working model
yet because the law does not explicitly
require the court to refer to them. All
alternatives (to detention and compulsory
treatment) options should be available to
the court for people who are in such a
complicated social status to be explored.
Some of the interviewed judges already use
the opportunity to ask Social Assistance Departments for an assessment of the person’s
situation and share that Social Assistance
Departments provide poor quality reports
and no assistance. Usually the assessment
provided by the Social Assistance Department is useless because it only contains
information about the person's age, address,
pension amount, social security and tax status and nothing about the actual challenges
in his/her life situation. However, some
social service providers (NGOs) collect and
process essential information about the
person and gradually start to work on case
management successfully with the courts
(but still on a pilot project basis). Within the
periodic court review of the compulsory
treatment (every six months, under Art 432
of the Criminal Procedure Code), the court
may direct information and counselling to
the social services under the new (2020)
Social Services Act, as long as such services
have been created. The provider of such a
service can make an actual and adequate
assessment of the person's needs. There are
already some such assessments under the
mentioned pilot project, elaborated by the
Global Initiative in Psychiatry (NGO). Judges
need a connection to a person's support
network in order to order release from inpatient compulsory/involuntary treatment.
However, finding or building such a network
takes months or years in the majority of
the cases. The judicial authorities actively
must seek for innovative practices based on
UNCRPD applications and when done so, to
take proactive actions to inform the judges
and prosecutors for them. In this regard
judges recommend a database with service
providers to be set up to enable them to
refer accused, defendants and convicted
persons with disabilities to them and ask
feedback from them about the person’s
condition for the purpose of regular court
review of the treatment.
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