FOREWORD
This is the second annual report of the Ombudsman of the Republic of Bulgaria in the
capacity as National Preventive Mechanism (NPM). This document is not only of reporting
nature. It aims at presenting to the public, the legislative and executive powers in Bulgaria
the issues and trends that require regulative and management decisions in the area of
respect for human rights at the establishments, where some of these basic rights are
restricted.
The process of confrontation in the society, which led to outbursts of hatred, even
violence against foreigners and refugees, may be identified as the gravest issue from the
point of view of human rights in 2013. Catalyst of this confrontation was the refugee flow
and the lack of adequate state policy, certain chaos and fact that the institutions involved
were not ready to find fast and efficient solutions to overcome this emerging problem.
This is the reason why the NPM changed the schedule of its inspections in 2013. It carried
out inspections at the places where refugees and immigrants are accommodated and
assessed and analysed the refugee and immigration processes in the country.
In 2013 the NPM prioritised and devoted particular attention to the condition of
psychiatric hospitals and dispensaries; the establishments providing social and medical social services to children and adults; the 24-hour detention facilities in the police
departments and some of the correctional facilities in Bulgaria.
Unfortunately, while presenting the 2013 report on the activity of the Ombudsman as
NPM, I have to bring to notice the fact that in 2012, following multiple insistence by the
UN that Bulgaria should perform its commitment under the Optional Protocol to the UN
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment and should appoint a state and financially independent institution to be NPM,
this role was undertaken by the Ombudsman. In order to ensure the fulfilment of the
NPM function the 2012 budget of the institution was increased with the scarce BGN 300
thousand. Surprisingly and without any justification the budget of the National
Ombudsman for 2014 was reduced by BGN 312 thousand, i.e. the institution no longer has
the funds required for the meaningful operation of the National Preventive Mechanism.
As Ombudsman of the Republic of Bulgaria I consider this cut in the budget as an
encroachment on the independence of the only constitutional authority in the country
entrusted with the mission to stand for the rights and freedoms of the citizens. However,
despite the curtailment of the funds, the NPM will continue with its functions in
accordance with the Ombudsman Act and the Optional Protocol to the UN Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Many
of the inspections in 2014 will be thematic and will be focused on locations already
inspected in 2012 and 2013, which the NPM defines as "problematic" in its reports.
KONSTANTIN PENCHEV OMBUDSMAN
OF THE REPUBLIC OF BULGARIA
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