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COMMITTEE AGAINST TORTURE ISSUES CONCLUSIONS AND RECOMMENDATIONS ON BULGARIA’S REPORT
21 May 2004
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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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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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