5 RECOMMENDATIONS
•
Forensic psychiatry should be considered as a current condition and
perspectives and the personnel bank should be renewed.
•
Greater opportunity for an informed choice to the judge when choosing expert persons - psychiatrists and psychologists - should be provided by creating an electronic database or a register.
•
The professional qualification of the actors in criminal proceedings:
expert witnesses, investigative bodies in pre-trial proceedings, investigating prosecutors, judges, lawyers should be substantially improved
by regular and practical trainings. All involved experts in the pre-trial
and trial proceedings must be educated properly in UNCRPD standards.
More specifically, during the proceedings the right to access to justice
(Art. 13 CRPD, Art. 6 ECHR) must be guaranteed through ensuring reasonable accommodation and procedural accommodation, which take
into account the need of support of the person with disability.
•
A database with information about the facilities where persons with intellectual and psychosocial disabilities can be accommodated for involuntary and compulsory treatment should be elaborated and maintained
as well as some methodology for evaluating these places. They must be
periodically monitored and assessed under clear criteria. The CRPD standards must be applied in the methodology. The monitoring must take into
account how the CRPD standards are kept during the treatment.
•
Methodology/mechanism of what exactly should be done with the
persons with IPD who are found guilty and serve a sentence in prison
under a specific regime with medical measures should be elaborated.
Its purpose should be to attach meaningful content of the execution of
the sentence and the medical care in prison so that the person is effectively treated and resocialised. More specifically, there must be stressed
on the implementation of Art. 19 of the CRPD and all measures must
achieve actual integration of the person in the society.
Bulgarian Helsinki Committee
65
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