address these persisting problems are unacceptable for the NPM. It is necessary to undertake decisive actions, including through changes in the regulatory environment, to overcome the above problems. First, it should be noted that one of the possible ways to reduce overcrowding is associated with extending the application of punishments, alternative to the imprisonment. This requires changes both in the practice of imposing penalties by the courts, and amendments of the Criminal Code, that to lower the criminal liability and the imposition of penalties for petty crime especially with lower danger for the public. Another measure is to increase the share of the release on parole, for example through more widespread electronic monitoring of the persons released. Amendments are needed to Ordinance No 15 on the electronic monitoring of the behaviour of the convicted persons with a view to extending the sphere of application of this monitoring. It is necessary to introduce a preventive remedy for protection of prisoners. The European Court of Human Rights (ECHR) shows that the PDL should have available remedy, which can lead to improved conditions of detention. In the case of "Ananiev and others against Russia" the ECHR establishes what conditions must meet a preventive remedy in order to be effective. The Court stated that to be effective, the system must ensure rapid and thorough investigation of complaints of the prisoners, to ensure their effective participation in the examination of their complaints and to have a wide range of legal instruments to eliminate the violations found. Another important measure is the provision of a compensatory remedy. The European Court of Human Rights held that the claim for compensation for damages under the Law on Liability of State and Municipalities of 1988 (LLSM) in principle is an effective remedy in respect of the poor conditions of detention. The Court specifies that since the above remedy may not lead to actual improvement of the existing situation, it can not provide adequate compensation in a situation where the material conditions remain unchanged. The Court finds that remedy ineffective due to the following deficiencies of the courts: 1) the cumulative effect of the various aspects of poor material conditions is not taken into consideration, and 2) a formalistic approach on the need to prove the non-pecuniary (moral) damage, in particular in cases where the material conditions are accepted by the national courts as problematic in terms of Art. 3 of the Convention, is applied. The employment in the penitentiary establishments (prisons) falls outside the system of national labour and social security legislation. Prisoners carry out work without individual contracts of employment and opportunity for pension social security. Medical care in the PE (prisons) falls outside the national healthcare system. Medical institutions are under the control of the Minister of Justice and the control of medical services by non-medical authorities can not achieve the necessary and required integration and compatibility with the standards in the national health system. Under Recommendation No Rec (2006) 2 of the Committee of Ministers of the Member States on the European Prison Rules, it is necessary to establish detailed procedures for the use of force, including: various types of force that can be used; the circumstances where any type of force can be used; staff members who are entitled to use different types of force; the level of authority required before the use of force and the reports that are to be prepared on the use of force. Bulgarian LESD does not provide such a detailed and thorough determination of the types of force and the circumstances in which it can be used. The NPM believes that legally must be determined also the obligation of the prison administration to submit for certification the injured party to a physician external to the penitentiary system at each signal for use of force and aids. 2. Unaccompanied minors or juvenile seeking international protection 52

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