Recommendations
In the meetings of the national working group94 and at
subsequent roundtable events95, the following recommendations
to the challenges identified above were elaborated upon:
•
Legislation is required to ensure that the rights protected
by the Directives apply equally to people in police
detention and in detention following formal accusation.
•
Effective access to a lawyer of the suspect’s choice
immediately after detention should be ensured as a
matter of law and detailed instructions should be issued
setting out the practical steps police officers must take
to ensure detainees’ access to a lawyer.96
•
The written information that is provided to suspects
should be re-written to ensure that it is in plain and
accessible language, followed by an oral explanation and
a recording of the process of provision of the
information.
•
Investigation authorities should have access to an
electronic register for legal and non-legal aid lawyers.
•
Immediate access of lawyers to their clients and a need
to facilitate effective assistance by a lawyer prior to any
interrogation should be introduced to eliminate any
chance of admitting manipulated or coerced statements
as evidence in the case.
•
Police officers should be trained on the standards
required by the Directives and ECtHR jurisprudence and
in investigation techniques to eliminate manipulation and
undue compulsion, to abandon the current interrogation
practice in ‘preliminary talks’ to obtain self-incriminating
statements from detainees.
94
95
The national working group was set up in September 2018.
Two roundtable events were held, one in Sofia on 11 October 2018 and one in Plovdiv on 5 November 2018. The events were attended by defence lawyers, judges,
prosecutors, interpreters, officials from the Ministry of Interior, and representatives from civil society organisations.
Instruction 8121з-78 of 24 January 2015 of the Ministry of Interior, available in Bulgarian at:
http://dv.parliament.bg/DVWeb/showMaterialDV.jsp;jsessionid=C90D4AE4E1A53C0CD2D603FEF8CF166D?idMat=91688.
96
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