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Report to the Bulgarian Government on the Visit to Bulgaria Carried out by the European Committee for the Prevention of Torture

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Report to the Bulgarian Government on the Visit to Bulgaria Carried out by the European Committee for the Prevention of Torture CPT/Inf (2004) 21 Report to the Bulgarian Government on the visit to Bulgaria carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 17 to 26 April 2002 The Bulgarian Government has requested the publication of this report and of its response. The Government's response is set out in document CPT/Inf (2004) 22. Strasbourg, 24 June 2004 - 2 - CONTENTS Copy of the letter transmitting the CPT's report ............................................................................4 I. INTRODUCTION.....................................................................................................................5 A. Dates of the visit and composition of the delegation ..............................................................5 B. Establishments visited...............................................................................................................6 C. Consultations held by the delegation and co-operation encountered...................................7 D. Immediate observations under Article 8, paragraph 5, of the Convention .........................8 II. FACTS FOUND DURING THE VISIT AND ACTION PROPOSED ................................9 A. Establishments under the authority of the Ministry of Internal Affairs .............................9 1. Preliminary remarks ..........................................................................................................9 2. Torture and other forms of ill-treatment..........................................................................10 3. Safeguards against the ill-treatment of persons deprived of their liberty........................15 4. Conditions of detention ...................................................................................................19 a. police cells..............................................................................................................19 b. detention facilities of the National Border Police Service at the Regional border sector in Petrich .................................................................20 B. Establishments under the authority of the Ministry of Justice ..........................................22 1. Investigation detention facilities......................................................................................22 a. preliminary remarks ...............................................................................................22 b. ill-treatment ............................................................................................................22 c. conditions of detention...........................................................................................23 d. health-care services ................................................................................................26 e. other issues .............................................................................................................27 2. Prisons .............................................................................................................................28 a. preliminary remarks ...............................................................................................28 b. ill-treatment ............................................................................................................29 c. conditions of detention...........................................................................................30 i. Burgas Prison ...............................................................................................30 ii. Pleven Prison................................................................................................32 - 3 - iii. life-sentenced prisoners ................................................................................34 iv. reception/transit cells at Sofia Prison ..........................................................35 d. health-care services ................................................................................................36 e. other issues related to the CPT’s mandate .............................................................38 i. prison staff ....................................................................................................38 ii. contact with the outside world......................................................................39 iii. discipline.......................................................................................................40 iv. complaints and inspection procedures .........................................................41 C. Establishments under the authority of the Ministry of Public Health...............................43 1. Preliminary remarks ........................................................................................................43 2. Ill-treatment .....................................................................................................................43 3. Patients' living conditions................................................................................................44 4. Treatment and staff..........................................................................................................47 5. Means of restraint ............................................................................................................49 6. Safeguards .......................................................................................................................50 D. Establishments under the authority of the Ministry of Labour and Social Policy ...........54 1. Preliminary remarks ........................................................................................................54 2. Ill-treatment .....................................................................................................................54 3. Living conditions and care of residents...........................................................................55 4. Means of restraint ............................................................................................................59 5. Safeguards .......................................................................................................................59 E. Establishments under the authority of the Ministry of Education.....................................61 F. Establishments under the authority of the Ministry of Defence.........................................63 III. RECAPITULATION AND CONCLUSIONS ......................................................................65 APPENDIX I : LIST OF THE CPT'S RECOMMENDATIONS, COMMENTS AND REQUESTS FOR INFORMATION ...........................................................................72 APPENDIX II : LIST OF THE NATIONAL AUTHORITIES AND NON- GOVERNMENTAL AND INTERNATIONAL ORGANISATONS WITH WHICH THE DELEGATION HELD CONSULTATIONS ..................................90 - 4 - Copy of the letter transmitting the CPT's report Strasbourg, 6 December 2002 Dear Mrs Vassileva, In pursuance of Article 10, paragraph 1, of the European Convention for the prevention of torture and inhuman or degrading treatment or punishment, I enclose herewith the report to the Bulgarian Government drawn up by the European Committee for the prevention of torture and inhuman or degrading treatment or punishment (CPT) after its visit to Bulgaria from 17 to 26 April 2002. The report was adopted by the CPT at its 49th meeting, held from 5 to 8 November 2002. I would draw your attention to paragraph 231 of the report, in which the CPT requests the Bulgarian authorities to provide within six months a response setting out the action taken upon its visit report. As regards the State Psychiatric Hospital in Karlukovo, the Committee has requested confirmation within one month that patients are provided with food of sufficient quantity and quality. The CPT would be grateful if it were possible, in the event of the response due within six months being in Bulgarian, for it to be accompanied by an English or French translation. It would also be most helpful if the Bulgarian authorities could provide a copy of the responses in a computer- readable form. I am at your entire disposal if you have any questions concerning either the CPT's visit report or the future procedure. Yours sincerely, Silvia CASALE President of the European Committee for the prevention of torture and inhuman or degrading treatment or punishment Mrs Galina VASSILEVA Ministry of Justice Main Directorate for the Execution of Punishments 21, Boulevard Stoletov 1309 Sofia Bulgaria - 5 - I. INTRODUCTION A. Dates of the visit and composition of the delegation 1. In accordance with Article 7 of the European Convention for the prevention of torture and inhuman or degrading treatment or punishment (hereinafter referred to as "the Convention"), a delegation of the CPT visited Bulgaria from 17 to 26 April 2002. The visit was organised within the framework of the CPT’s programme of periodic visits for 2002 and was the Committee’s third visit to Bulgaria.1 2. The visit was carried out by the following members of the CPT: - Silvia CASALE, President of the CPT (Head of the delegation) - Mario FELICE - Yuri KUDRYAVTSEV - Ingrid LYCKE ELLINGSEN (from 17 to 21 April 2002) - Veronica PIMENOFF - Eric SVANIDZE. They were assisted by: - Enda DOOLEY, Director of Prison Health Care, Irish Prison Service, Dublin, Ireland (expert) - Clive MEUX, consultant forensic psychiatrist, Oxford, United Kingdom (expert) (from 21 to 26 April 2002) - Mois BELLO (interpreter) - Nedialka
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