The NPM also receives information regarding corruption in prisons and boarding houses.
The observations of the inspection teams show that in most cases this refers to allegations
and conclusions related to the resolution of individual problems. As a result of the
inspections carried out, as well as based on the publicly discussed cases, justified
conclusions can be made that there are conditions for corruption. These conditions are
related to: poor regulation of the order and lack of public transparency of the decisions of
the administration; lack of sufficient modern equipment to prevent bringing in of
forbidden items; the manner in which risk assessments are drawn up by the social
workers, which are related to the subsequent changes in the regime, transfer to boarding
houses, conditional early release (CER) (parole) and access to work. The prevention of the
conditions for corruption requires actions that are needed throughout the CF system,
which are largely related to amendments in the regulations.
The conclusion of the NPM that the lack of justification of the protocols of the committees
under art. 73 of the LESDA based on the risk assessments is linked to the lack of trust by
the members of these committees to the existing assessments is alarming. There are no
subsequent inspections regarding the additional risk assessment in the cases of nonacceptance and / or obvious disregard thereto. There are attempts at ministerial level and
at the level of prison wardens to draw up objective criteria or limitations as to the access
of work that go beyond those set by the law and the rules, which are clearly inefficient
and unclear. No incentives system or disciplinary restrictions system has been
introduced, which would result in adequate change in the risk assessment, including
objective investigation of cases of use of force, thus guaranteeing the prisoner's right to
protection.
Living conditions
During two consecutive inspections in 2012 and 2013 the NPM found that the conditions
in Bourgas prison are completely unacceptable and are deemed to be inhuman and
degrading. This is the prison with the gravest conditions and overpopulation in Bulgaria.
An average of 2 sq. m. per prisoner, and in certain places less than 1 sq. m. per prisoner is
the available space.
The buildings are very old and depreciated. The prison is not included in the programmes
of the government. The problem with the congestion should be resolved with the
construction of a new prisoner boarding house in Debelt. According to the programme of
the government for 2008 the boarding house should have been completed in 2009.
Approximately BGN 300 000 have been used and due to the lack of additional funds
(amounting to approximately BGN 800 000) the work has been suspended. The 2011
programme envisaged its completion in 2012 with funds needed amounting to
approximately BGN 1 000 000 from the state budget. The funds for the construction of
this boarding house were provided through financing under the Norwegian Financing
Mechanism, but the construction was postponed in 2013 as well despite of this fact. The
capacity envisaged for it is 450 prisoners. 883 prisoners on an average living space of
approximately 1.5 sq. m. and with a total living space of 1 483 sq. m. were accommodated
in the prison in Bourgas during the inspection of the NPM. The maximum allowed
capacity of the corps is 370 prisoners. The fact that the boarding house will be of closed
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