SUMMARY
The functions of the Ombudsman as the National Preventive Mechanism
(NPM) are related to the implementation of the Optional Protocol to the UN
Convention against Torture and the 2012 amendments to the Ombudsman Act.
The annual NPM reports provide an assessment of the state of human rights in
places for deprivation of liberty and are aimed both at the institutions in the
Republic of Bulgaria and at the international organisations and non-governmental
associations whose work is related to the protection of persons deprived of liberty.
Over the eight plus years of its work, the NPM has established itself as a
recognisable independent monitoring authority performing its functions in places
where children and adults are accommodated by virtue of a government act. Proof
of the important role of the Ombudsman as the NPM is the fact that the opinions
and annual reports are used in the work of courts.
The 2020 report is based on inspections on site, monitoring, document
checks, meetings and interviews both with persons accommodated at places for
deprivation of liberty and with persons working at these institutions, as well as
complaints and signals received.
The conditions at certain places remain traditionally poor while other areas
of monitoring register progress and positive change. This progress is also the
result of the independent monitoring, the recommendations of the Ombudsman
and the work of the NPM as well as the cooperation between institutions to
guarantee the respect for human rights and the attainment of the goals of
international and national law as well as the practices in its application.
The past 2020 posed a substantial challenge to the efforts of the
Ombudsman’s team to exercise effectively and fully its powers as the National
Preventive Mechanism. The global COVID-19 pandemic forced the Bulgarian
government authorities to declare a state of emergency on 13 March 2020 in the
entire country for one month; on 3 April, it was extended until 13 May 2020. An
emergency epidemic situation was declared from 14 May till 14 June which was
then extended repeatedly until the very end of 2020.
In 2020, despite the difficult epidemic situation and the state of emergency,
the Ombudsman as the NPM carried out inspections in 49 sites. The main goal of
the inspections was related to, first, assessing the anti-epidemic measures taken
in closed institutions and monitoring the implementation of recommendations
issued during previous visits.
The main activities of the Ombudsman acting as the NPM are focused on
the places accommodating persons deprived of liberty, detainees or persons
placed there as a result of an act or with the consent of a government authority
and these persons may not leave these places of their own accord. The annual
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