for the social worker to explain in detail to the juvenile his/her rights and responsibilities, the
request/complaint submission and review procedures. Also, to work with prisoners individually or in
groups periodically on the topic of their rights and responsibilities, the request/complaint submission and
review procedure; among them, the above information should be provided to the juvenile in the form of
a brochure in a language understandable (simple) to a juvenile and posted in places accessible to the
prisoner.
2.8.1.3. Security measures
During the visits carried out in 2020210 it was established that juvenile search procedures are problematic
in N8 and N11 facilities. In addition, in the facility N8 safe cells are used as informal punishment for
juveniles.
The European Committee for the Prevention of Torture emphasizes that a full search should be carried
out only on the basis of a specific and well-founded doubt, in an appropriate environment and in
conditions of respect for dignity.211 During the full inspection, different parts of the body should not be
exposed at the same time.212 A full search of juveniles in the facilities N8 and N11 is not based on an
individual assessment of the immediate safety risk. In addition, during the placement of juveniles in the
establishments N8 and N11, a full personal search is carried out with full nudity and bending, which is
contrary to international standards and may amount to ill-treatment.
In the necessity of a full search, the inmate should be offered a scan as an alternative to a full personal
search. The N11 facility does not have a scanner installed and the facility regulations do not provide for
the use of a scanner.213 Even though in the facility N8 operates a scanner unit, it is used in conjunction
with a full body inspection and not as an alternative to a full search, which is unacceptable.
The Public Defender calls on the Special Penitentiary Service of the Ministry of Justice to immediately
eliminate the existing practice of complete nudity and bending. A full body search should be carried out
only on the basis of a specific and substantiated doubt, under conditions of respect for human dignity
and respect and in accordance with clearly established procedures. The use of a scanner as an alternative
to a full scan should be provided214 further, other additional methods of search should not be used if the
scanner is used as an alternative method.
The visit to the facility N11 took place on October 26 and to the facility N8 on August 4-7, 2020.
Council of Europe: Committee for the Prevention of Torture, report to the Government of Bulgaria on the visit to Bulgaria
by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CMT)
from 24 March to 3 April 2014, published on 29 January 2015, available in English to the following address:
http://hudoc.cpt.coe.int/eng?i=p-bgr-20140324-en-23 [last visited: 30.01.2021].
212 Council of Europe: Committee for the Prevention of Torture, report to the Czech Government on the visit to the Czech
Republic by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment
(CPT) of 1 April 2014, para. 85, published on 31 March, 2015, available in English at the following address:
http://hudoc.cpt.coe.int/eng?i=p-cze-20140401-en-30 [last visited: 30.01.2021].
213The order N118 of the Minister of Corrections and Probation of Georgia of 27 August 2015 on the approval of the Statute
of the Penitentiary Institution N11 of the Ministry of Corrections and Probation of Georgia.
214 See in the same report 2.3.2.4. Subsection, The practice of full search of prisoners as ill-treatment.
210
211
66
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