[prisoner-rights] CAT 32nd session: Response of Bulgaria

UNITED NATIONS
Press Release

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xxxxxxxxxxCOMMITTEE AGAINST TORTURE
HEARS RESPONSE OF BULGARIA TO ITS QUESTIONS
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18 May 2004

The Committee against Torture this morning heard the response of
Bulgaria to questions raised by Committee Experts on the third
periodic report of that country which describes efforts to implement
the provisions of the Convention against Torture.

The delegation, led by Dimiter Tzantchev, Ambassador and Permanent
Representative of Bulgaria to the United Nations Office at Geneva,
said, among other things, that the allegation that prison access to
non-governmental organizations had been restricted was untrue. On the
contrary, access to any prisons was granted to non-governmental
organizations, particularly the Bulgarian Helsinki Monitor which had
permanent access.

The rights and obligations of asylum seekers were laid down in laws
on refugee status, and at every stage, protection was provided to
asylum seekers until decisions were rendered. The State did not expel
an asylum seeker to a country where his or her life could be
threatened, the delegation said.

Bulgaria was fully committed to combating acts of terrorism, the
delegation said, adding that the combat against terrorism should not
derogate from the human rights and fundamental freedoms of
individuals. Bulgaria believed that the root causes of terrorism
should be combated and solutions should be found.

Bulgaria, as one of the 136 States parties to the Convention against
Torture, must submit periodic reports to the Committee on efforts to
prevent torture and related ill-treatment.

The Committee's conclusions and recommendations on the report of
Bulgaria will be issued on Friday, 21 May, the last day of the
three-week session of the Committee.

The Committee will reconvene at 3 p.m. to issue its conclusions and
recommendations on the third periodic report of Germany.



Discussion

The Bulgarian delegation, responding to questions put by Committee
members upon presentation of the Bulgarian report on Monday morning,
said, among other things, that the Convention was directly applicable
in domestic jurisprudence by virtue of its incorporation in the
internal legal system and recognition by the Constitution.

The office of the Ombudsman was an independent body whose members
benefited from immunity similar to that given to parliamentarians,
the delegation said. The Ombudsman was empowered to investigate human
rights violations and monitor the promotion and protection of all
rights enshrined in domestic and international provisions. The
Ombudsman could request any information from public institutions and
no authority could deny providing him with the information he
required.

The rights and obligations of asylum seekers were laid down in laws
on refugee status, the delegation said. At every stage, protection
was provided to asylum seekers until decisions were rendered. With
regard to article 3 of the Convention on refoulement, the State did
not expel an asylum seeker to a country where his or her life could
be at risk. However, individuals considered as a threat to national
security might be prevented from entering the country, as it was the
case in many States. If clear evidence of danger against an
individual existed in the country of destination, he might be sent to
a third country where his life was not in jeopardy.

Refugee status already granted could be withdrawn in certain
circumstances including if the individual obtained nationality of a
third country, or if he was granted refugee status by another
country.

Bulgaria was fully committed to combating acts of terrorism, the
delegation said. However, the combat against terrorism should not
derogate from the human rights and fundamental freedoms of
individuals. Bulgaria believed that the root causes of terrorism
should be combated and that solutions should be found.

Specific programmes had been adopted by the Government with regard to
the Roma community in collaboration with Roma organizations, the
delegation said. Efforts had been made to integrate the Roma
community into Bulgarian society, including their recruitment into
the police force. A consultative body had been established to deal
with the educational integration of Roma children. The creation of a
favourable situation for mutual understanding and respect within the
society had been emphasized to easily integrate the Roma community in
all segments of the society. Roma children were encouraged to
participate in multicultural programmes and environments intended for
their integration. Further efforts were also exerted to train Roma
teachers. Other comprehensive measures had also been taken in the
field of employment, health and housing.

Mandatory medical examination had to be exercised upon the arrest of
a suspect by the police, the delegation said. An independent body
considered any complaints of allegations of torture during police
interrogation.

The allegation that prison access to non-governmental organizations
had been restricted was untrue, the delegation said. On the contrary,
access to any prisons was granted to non-governmental organizations,
particularly the Bulgarian Helsinki Monitor which had permanent
access.

Out of the 51 pre-trial detention centres, only five were underground
facilities, the delegation said. These five facilities would be
improved in the future.

On the protection of mentally ill persons, the delegation said
appropriate care was provided to both adult and child patients. The
Government was making efforts to keep mentally ill children within
the family instead of placing them in institutions. Adult patients
were kept in renovated buildings and their condition was a matter of
concern to the authorities. A number of non-governmental
organizations had been participating in the efforts to care for
mentally ill persons.

There were 51 complaints of inter-prisoner sexual violence lodged
with prison directors between January 2003 and April 2004, the
delegation said. The procurator general was seized with the
complaints in which 50 men and one woman were involved.

A life sentence without a substitute could be handed down upon the
commission of specific and exceptionally grave crimes, the delegation
said. Articles 38 and 38a of the Penal Code provided for such
sentences. A multiple assassination of children, for instance, might
lead to sentences without substitutes.

No one could be arrested for more than 24 hours before appearing
before a court, the delegation said. The investigative judge could
order the extension of detention of the individual up to 72 hours if
it was necessary.