.rr
to disciplinary measures applicable to public officials found guilty of
ill-treatment as well as to educational measures that sought to ensure that
prison officials and staff were made aware of their obligations.
2'
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237. With respect to article 4 of the Convention, he indicated that the draft
penal code and the draft code of criminal procedure, which were expected to be
adopted in the first half of 1992, established penalties in keeping with the
gravity of offences. Several state officials or members of the police who had
committed acts prohibited by the Convention or who had committed abuses of
power had been prosecuted and punished during 1990 and 1991 according to the
penal provisions in force. Article 287 of the Penal Code, which related
solely to crimes committed by judicial officials, was one of the provisions of
Bulgarian legislation that was not expressly in conformity with the Convention.
238. Regarding articles 8 and 9 of the Convention and the measures being taken
to improve their implementation, the representative stressed that no new
legislative text was needed since the Convention was now directly applicable
in BUlgaria. In addition, Bulgaria was about to accede to the European
Convention for the Prevention of Torture and would also review agreements
concluded with other countries. Mutual judicial assistance had already been
practised on a very wide scale with a number of other European countries even
where no formal extradition treaties existed.
239. With respect to article 10 of the Convention and the training of medical
personnel about the prohibition of torture, the representative indicated that
the Ministry of Health, the Ministry of Justice and the Prosecutor's Office
had requested assistance from the Council of Europe and the European Committee
for the Prevention of Torture to develop an appropriate progrmmne. The
involvement of the Committee against Torture in such a programme was also seen
as desirable. There were several other planned initiatives, some of which had
received United Nations assistance, to improve the training of prosecutors,
i.nvestigators, and military and prison personnel.
240. Conoerning article 11 of the Convention, the representative said that
Bulgarian legislation did not provide for a preliminary medical examination of
detainees but, since the Convention was now applicable nationally, that
situation could only improve. Not only the Standard Minimum Rules for the
Treatment of Prisoners but also the European Rules, which were even stricter,
were in force in Bulgaria. A delegation of the Council of Europe that visited
two Bulgarian prisons in the spring of 1990 had found no breach of such
rules. However, in the past, there had been acts of brutality in Bulgarian
prisons. Two prison guards had been put on trial for such offences and four
others had been dismissed. The maximum period provided for in the Code of
Criminal Procedure for the duration of custody was 10 days but under
article 30, paragraph 3, of the new Constitution it was only 24 hours. The
latter provision obviously took precedence.
241. In connection with article 13 of the Convention, the representative
stated that no case of torture or ill-treatment had been reported in Bulgaria
since 1989. The cases referred to by Amnesty International dated back to an
earlier period and the persons concerned, who were Bulgarians belonging to the
Turkish minority, had been released at the end of 1990.
-46Digitized by Dag Hammarskjöld Library
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