CAT/C/BGR/CO/4-5
Independent monitoring of places of detention and other places where people are
deprived of their liberty
11.
The Committee welcomes the State party’s ratification of the Optional Protocol to
the Convention and its intention to establish a national preventive mechanism within one
year. The Committee is concerned that independent monitoring by civil society
organizations is not allowed in all cases of detention and that non-governmental
organizations such as the Bulgarian Helsinki Committee require a prosecutor’s permission
for access to pretrial detainees (art. 2).
The Committee recommends that the State party ensure independent, effective and
regular monitoring of all places of detention by independent non-governmental
bodies.
Reform of the judicial system
12.
While taking note of the establishment of the Judiciary Reform Strategy 2009–2013,
the Committee is concerned at the lack of progress in judicial reform, including reported
misconceptions such as the joint governance of the courts and the prosecution service. It is
concerned by the lack of transparency regarding the selection and appointment of judges
and members of the Supreme Judicial Council; that the principle of the independence of the
judiciary is not respected by the organs outside the judiciary, including high-ranking
government officials, nor fully applied within the judiciary; and by allegations of corruption
within the justice system and lack of trust in the administration of justice, resulting in lack
of public trust in the judiciary (arts. 2 and 13).
The Committee recommends that the State party accelerate judicial reform, taking
into account the preliminary conclusions and observations of the Special Rapporteur
on the independence of judges and lawyers of 16 May 2011 and international
standards - in particular the Basic Principles on the Independence of the Judiciary,
Basic Principles on the Role of Lawyers, the Guidelines on the Role of Prosecutors
and the Bangalore Principles of Judicial Conduct. The State party should ensure that
the selection and appointment of judges, including to the Supreme Judicial Council, is
transparent and that objective criteria provide equal opportunity for candidates. The
State party should raise the awareness of judicial and other officials and the public at
large about the importance of independence of the judiciary. There should be no
external interference in the judicial process. The State party should strengthen efforts
to combat corruption and ensure that all incidents of suspected corruption be
promptly, thoroughly and impartially investigated and prosecuted, in particular
within the framework of the Integrated Strategy for Combating Crime and
Corruption 2010.
National human rights institution and national protective mechanism
13.
The Committee is concerned that to date there is no national institution in
conformity with the principles relating to the status of national institutions for the
promotion and protection of human rights (Paris Principles) in the State party, while taking
due note of the fact that the Ombudsman and the Commission on Protection against
Discrimination of Bulgaria have applied for accreditation to the International Coordinating
Committee of National Institutions for the Promotion and Protection of Human Rights as
the national institutions for the promotion and protection of human rights (arts. 2, 11 and
13).
The Committee recommends that the Ombudsman and the Commission on Protection
against Discrimination conform to the principles relating to the status of national
institutions for the promotion and protection of human rights (Paris Principles).
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