[prisoner-rights] CAT 32nd session: Conclusions and recommendations report Bulgaria

UNITED NATIONS
Press Release

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xxxxxxxxxxCOMMITTEE AGAINST TORTURE ISSUES CONCLUSIONS AND
RECOMMENDATIONS ON BULGARIA'S REPORT
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Committee against Torture
21 May 2004

The Committee against Torture this morning issued its conclusions and
recommendations on the third periodic report of Bulgaria on national
efforts to implement the provisions of the Convention against
Torture.

The Bulgarian report was discussed in Committee meetings on 17 and 18
May.

The Committee said positive developments in the report of Bulgaria
included the ongoing efforts by the State party to reform its
legislation related to the implementation of the Convention and aimed
at strengthening the protection of human rights; and the access given
to non-governmental organizations to visit prisons on a regular
basis.

Among matters of concern, the Committee noted the absence in domestic
law of a comprehensive definition of torture as set out in article 1
of the Convention; numerous allegations of ill-treatment of persons
in custody that might amount to torture, in particular during police
interviews, which disproportionately affected the Roma; and the lack
of an independent system to investigate complaints.

The Committee recommended, among other things, that Bulgaria
strengthen safeguards provided in the Code of Criminal Procedure
against ill-treatment and torture and pursue efforts to reduce
incidents of ill-treatment by police and other public officials; and
take measures to establish an effective, reliable and independent
complaints system to initiate and undertake prompt and impartial
investigations into all allegations of ill-treatment or torture and
to punish those found responsible.

Also this morning, the Committee discussed its methods of work and
other organizational matters.

The Committee is scheduled to close its three-week session, which
began on 3 May, this afternoon after adopting its annual report.



Conclusions and Recommendations on Third Periodic Report of Bulgaria

The Committee noted as positive developments in the report the
ongoing efforts by the State party to reform its legislation related
to the implementation of the Convention and aimed at strengthening
the protection of human rights. It welcomed the entry into force of
the Law on the Ombudsman on 1 January 2004; the adoption of the Law
on the Protection against Discrimination by the National Assembly;
the entry into force of the new Law on Asylum and Refugees on 1
December 2002; and the Code of Conduct of the Policeman which was
adopted and introduced into practice.

Also noted as positive developments were the setting up of a
specialized Human Rights Commission within the National Police
Service in August 2000, with a network of regional coordinators; the
transfer of the investigation detention facilities to the Ministry of
Justice in January 2000; the access given to non-governmental
organizations to visit prisons on a regular basis; and the
information provided by the representative of the State party during
the dialogue that thirteen underground investigative detention
facilities were closed in April 2004.

The Committee expressed concern about the absence in domestic law of
a comprehensive definition of torture as set out in article 1 of the
Convention; numerous allegations of ill-treatment of persons in
custody that might amount to torture, in particular during police
interviews, which disproportionately affected the Roma; the lack of
an independent system to investigate complaints, and that allegations
of ill-treatment were not always investigated promptly and
impartially, resulting in an apparent situation of impunity for those
responsible; the reported lack of prompt and adequate access by
persons in custody to legal and medical assistance and to family
members and that access to free legal aid was quite limited and
ineffective in practice; and poor conditions in homes for persons
with mental disabilities and the insufficient steps taken thus far by
the authorities to address that situation.

The Committee was also concerned about the legislative and other
measures that continued to be insufficiently effective to ensure the
full respect of the provisions of article 3 of the Convention, and
the allegations regarding the expulsion of foreigners; the
insufficient data relating to compensation and rehabilitation
available to victims of torture or their dependents; the extremely
poor material conditions prevailing in detention facilities, in
particular in investigative detention facilities, some of which were
still underground or lacked basic facilities for outdoor activities,
where persons could be held up to two years, and the lack of
independent inspections of such places; and the imposition of a
particularly strict regime, notably for the first five years, upon
all prisoners serving life sentences.

Among its recommendation, the Committee said the State party should
adopt a definition of torture that would cover all the elements
contained in article 1 of the Convention; strengthen safeguards
provided in the Code of Criminal Procedure against ill-treatment and
torture and pursue efforts to reduce incidents of ill-treatment by
police and other public officials; take measures to establish an
effective, reliable and independent complaints system to initiate and
undertake prompt and impartial investigations into all allegations of
ill-treatment or torture and to punish those found responsible;
ensure that, in law as well as in practice, all persons deprived of
their liberty were duly registered at the place of custody and
guaranteed, and informed of, the right to have access to counsel, to
contact next of kin and to a doctor; and undertake all necessary
measures to address the situation in homes and hospitals for persons
with mental disabilities to ensure that living conditions, therapy
and rehabilitation provided were not in violation of the requirements
of the Convention.

And it also recommended that the State party ensure that no person
was expelled, returned or extradited to a country where there were
substantial grounds for believing that he or she would be in danger
of being subjected to torture; strengthen its efforts to avoid any
act not in conformity with the Convention regarding admittance of
asylum seekers into the territory; ensure that all persons who had
been victims of a violation of their rights under the Convention had
access to the means of obtaining redress; take measures to improve
the conditions in detention facilities with the view to closing the
remaining five facilities that were underground and ensure that all
detention facilities provided at least the minimum outdoor exercises
for detainees; ensure close monitoring of inter-prisoner and other
violence, including sexual violence, in detention facilities and
social care homes; and review the regime of detainees serving life
sentences, including those serving life sentences without
substitution.

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