I. POWERS
With its accession to the Optional Protocol to the UN Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment (OPUNCT) the Republic of
Bulgaria committed to establishing an independent authority, which is to monitor
continuously the establishment where the freedom of the individuals is restricted.
The NPM function was delegated to the Ombudsman by virtue of amendments and
supplementations of the Ombudsman Act (OA), promulgated in State Gazette, issue 29 of
10 April 2012.
The Ombudsman as NPM makes regular visits strongly oriented towards prevention. The
purpose of these inspections is to strengthen the protection of individuals, whose
freedom is restricted, against torture, cruel, inhuman or degrading treatment or
punishment, or other types of maltreatment. NPM draws a report on its findings and
recommendations after each visit, so that measures and steps would be undertaken to
eliminate the causes and prerequisites leading to violation of the rights of individuals at
such establishments.
The work of the NPM aimed at protection of the individuals with restricted freedoms
should lead to prevention of maltreatment and development of and compliance with
certain standards for the treatment of these individuals, which standards have to be
followed by the administrations of the various institutions subject to inspection by the
NPM.
To this end the Ombudsman or his authorised representatives have the right to: access,
without notice at all times, to all places for detention and to their facilities and sites;
access to all the information regarding the number of individuals held at such places and
their location; to choose the places they would like to visit, and the individuals they would
like to talk to; to have private conversations without witnesses with the individuals
deprived of their freedom, personally or through an interpreter, if deemed necessary, as
well as any other individual that in the opinion of the Ombudsman as NPM may provide
the relevant information; access to all the information related to the treatment of the
individuals and the conditions at the places for detention; to require information from the
officers of the visited place for detention, to have interviews with them and to have
personal interviews with any other individual present on the territory of the inspected
site; to organise medical exams of the individuals with their consent.
Despite these powers, clearly and comprehensively provided for in the Ombudsman Act,
in 2013 there have been cases where the NPM team was prevented from carrying out
certain inspections. The team was allowed to carry out an inspection in the Home for
Elderly Demented People - Ognen Village, Karnobat Municipality and in the Home for
Children with Disabilities - Iskra Village, Karnobat Municipality, only after approval by the
Deputy Mayor of the Municipality. The NPM team was allowed access to the Home for
Medical - Social Care for Children - Vidin only after permission by the legal counsel of the
Home. The most shocking example of hindering an inspection by representatives of NPM
was the refusal by the Director of the Home for Mentally Challenged Elderly People Prekolnitsa Village, Kyustendil District, to allow access to the site and the documents. As
National Ombudsman I sent recommendations to the Minister of Labour and Social Policy
with a copy to the Mayor of Kyustendil Municipality (service provider) to carry out an
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