2. access to all information on the number of persons deprived of their liberty in facilities of
detention, and the number of facilities and their location;
3. choose the facilities he wants to visit and the persons he wants to talk to;
4. conduct personal interview with persons deprived of liberty, personally or through an
interpreter if necessary, as well as any other person, who can provide relevant information
according to the Ombudsman as a National preventive mechanism;
5. access to all information related to treating individuals as well as on conditions in the facilities of
detention;
6. request information from officials of the visited place of detention with whom to talk to and to
conduct personal interviews with any person who is in the territory of the inspected site;
7. arrange for execution of medical examination of persons with their consent.
According to Art. 46 of the Law on Implementation of Penal Sanctions and Detention (LIPSD) the
Ombudsman may recommend the Minister of Justice particular prison or prison dormitory or
detention facility to be closed, reconstructed or expanded where corrective action can not be
carried out and where there is a threat of harm to the physical or mental health of inmates, due to
a high degree of overcrowding and poor hygiene and living conditions. Recommendation shall be
submitted within one month with the Council of Ministers by the Minister of Justice. Within three
months the Council of Ministers shall announce the measures taken to solve the problems.
Confidential information obtained by the Ombudsman as a National preventive mechanism can not
be disclosed. Personal data may be published only after the person to whom they relate, has
expressed its explicit consent.
In the process of building the NPM methods of conducting inspections in facilities under art. 28a of
the Law on the Ombudsman and schedule of inspections have been adopted.
FACILITIES VISITED AND RECOMMENDATIONS MADE
Inspected facilities
In 2012 the National Preventive Mechanism inspected a total of 162 facilities:
1. Detention facility with the Ministry of Justice (MOJ) and the Ministry of Interior (MoI) - 116
facilities, out of which:
- Prisons and prison dormitories - 39 facilities;
- Reformatories - 2 facilities;
- detention facilities - 42 facilities;
- facilities for accommodation of detainees within the structures of the Ministry of Interior (areas
for 24-hour detention with a district police department) - 26 facilities;
- facilities for temporary stay and insulation in buildings of courts - 7 facilities.
2. State psychiatric hospitals, psychiatric wards, homes for children deprived of parental care,
homes for mentally retarded children, homes for the elderly people with mental disorders,
dementia and mental retardation - 46 facilities, out of which:
- State psychiatric hospitals - 3 facilities;
- Psychiatric wards - 3 facilities;
- Homes for Medical and Social Care - 5 facilities;
- Homes for children deprived of parental care - 19 facilities;
4 Annual Report of the National Preventive Mechanism |
OMBUDSMAN OF THE REPUBLIC OF BULGARIA