EXECUTIVE SUMMARY
The present research tries to identify and analyse the relevant legal and
policy framework as well as the situation in practice of the defendants and
detainees with intellectual and/or psychosocial disabilities (IPD) in Bulgaria.
It makes the overview of the main and secondary legislation concerning
the different phases of the criminal proceedings with the participation of
the persons with disabilities, including pre-trial detention and placement
for assessment as well as compulsory treatment in psychiatric hospitals in
case of identified mental incompetence of the perpetrators with disabilities.
The research also presents policy documents (strategies/action plans) regarding penal, penitentiary and psychiatric treatment systems. Is also contains findings of monitoring reports of the Council of Europe Committee
for the Prevention of Torture, the National Preventive Mechanism, the national NGOs as well as observations and opinions of interviewed experts
such as: judges, lawyers, expert witnesses, prison psychiatrists/psychologists, persons with disabilities and NGOs working in the assessment and
advocacy fields. Finally, the research identifies and presents cross-border
cases with defendants and detainees with IPD and the implementation of
national legislation transposing the Framework Decisions 2002/584/JHA on
the European Arrest Warrant (EAW); 2008/909/JHA on the Transfer of Prisoners; 2008/947/JHA on Probation and Alternative Sanctions; 2009/829/
JHA on the European Supervision Order.
Regarding cross border proceedings, the main identified challenges are:
the lack of database about cross border cases; the difficulties in finding
interpreters and expert witnesses in case of defendants who are foreign
citizens; the lack of clarity how the consent from the person concerned is
obtained when it is required. A common challenge is the lack of coordination, data collection and processing between the Ministry of Interior, the
Ministry of Justice, the Ministry of Healthcare and the Ministry of Labour
and Social Policy regarding persons with IPD who had perpetrated crimes.
The project identified numerous legislative and practical gaps in both
criminal proceedings/detention and compulsory treatment procedures
as well as in penitentiary and mental health systems in Bulgaria. The main
identified gaps and issues during the criminal proceedings are: the stigma and the low priority given to criminal cases in which disabled persons
are involved because of it; the social isolation, the poverty and the lack of
6
SLAVKA KUKOVA