CAT/C/BGR/CO/4-5
6.
The Committee notes the State party’s ongoing efforts to revise its legislation in
areas of relevance to the Convention, including the amendment to the Constitution in 2007
establishing the Supreme Judicial Council, and:
(a)
New Civil Procedure Code, in force since 1 March 2008, relating to
compensation or rehabilitation provided to victims of torture;
(b)
Judicial System Act, in force since 10 August 2007, and Judiciary Reform
Strategy 2009–2013, adopted in 2009;
(c)
Amendment to the Law on Asylum and Refugees providing a mechanism for
the refugee status determination procedure, 2007
(d)
Assistance and Financial Compensation to Crime Victims Act, in force since
2007, and National Strategy for Assistance and Compensation to Crime Victims;
(e)
New Administrative Procedure Code, in force since 12 July 2006, relating to
prevention and punishment of torture and the possibility of foreigners to challenge
expulsion orders;
(f)
New Criminal Procedure Code, in force since 26 April 2006, regarding
procedural guarantees of prohibition of torture and provisions to prevent torture and
regulating police detention;
Aid
(g)
Legal Aid Act (2006) and the establishment of the National Bureau of Legal
(h)
Amendments to the new Health Act, in force since 1 May 2005, in relation to
medical procedures for persons with mental disabilities;
(i)
Several amendments to the Penal Code since 2004, especially with regard to
article 287 relating to the Convention’s requirement for criminalizing the act of torture.
7.
The Committee also welcomes the efforts of the State party to amend its policies,
programmes and administrative measures to ensure greater protection of human rights and
give effect to the Convention, including:
(a)
Adoption of the Strategy for Development of Penitentiary Facilities (2009–
2015) and the Programme for Improvement of Conditions at Places of Deprivation of
Liberty, 2010;
(b)
National Strategy for Children (2008–2018) and the Vision for Children’s
Deinstitutionalization in the Bulgaria, adopted on 24 February 2010;
(c)
Integrated Strategy for Combating Crime and Corruption, 2010;
(d)
Strategy for Reforming Places of Detention (2009–2015);
(e)
National Action Plan for the Initiative “Decade of Roma Inclusion 2005–
2015” and Framework Programme for Integration of Roma in Bulgarian Society (2010–
2020);
(f)
C.
National Action Plan for Mental Health (2004–2012).
Principal subjects of concern and recommendations
Definition, absolute prohibition and criminalization of torture
8.
The Committee is concerned that a comprehensive definition of torture
incorporating all the elements of article 1 of the Convention is not included in the Penal
Code and that torture is not criminalized as an autonomous offence in law, as required
under the Convention. The Committee notes that the working group in the Ministry of
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