Project: „Evaluation of the Prison Reform in Bulgaria: Legislation and Practice Following the Pilot Judgement of the ECtHR “Neshkov and Others”
Project status: ongoing
Implemented in: Bulgaria
Program: Active Citizens Fund Bulgaria
Implementation period: 01.01.2020 30.09.2023
Project Promoter: Bulgarian Helsinki Committee
Partners: no
Summary:
The project, launched on January 1st 2020, tracks the implementation of the reform in Bulgarian prisons and remand centers. It is funded by the Active Citizens Fund Bulgaria under the European Economic Area (EEA) Financial Mechanism.
The main goal of the project is to improve the implementation of international human rights standards in remand centers and prisons in Bulgaria. The initiative is a continuation of the BHC’s long-term activity in monitoring the situation in closed institutions, advocating for the respect of the rights of prisoners and empowering vulnerable groups. The website prisonreform.bg was created. In addition to tracking the development and activities of the project, the idea of the prisonreform.bg site is to become a main source of information on the progress of the reform in the penitentiary sphere and a starting point on issues of the rights of prisoners.
Why is a reform needed
The basic principle underlying the international standards and practice of the ECHR relating to the rights of prisoners is the need to treat all prisoners with respect to their dignity and human rights.
In 2015, the European Court of Human Rights delivered the pilot decision in the case of “Neshkov and Others v. Bulgaria”. In it the Court found violations of Article 3 and of Article 13 of the Convention concerning the inhuman and degrading conditions in several Bulgarian prisons and the lack of effective remedies in this respect. Considering the recurrence and persistence of the violations, the Court found that breaches originated in a widespread problem resulting from malfunctioning of the Bulgarian penitentiary system and insufficient safeguards against treatment incompatible with Article 3. The Court instructed the government to implement a complex reform of the penitentiary system, including large-scale improvement of the material conditions and introduction of effective means for prevention and this type of violations, as well as compensation for the damages caused by them.
Positive developments as part of the reform
In 2017, the government adopted legislative changes to eliminate overcrowding in detention centers and prisons – an obligation was introduced for 4 square meters of living space for prisoners, the method of initial distribution of prisoners in open and closed institutions was changed, the regulations related to early release were improved, a new opportunity was given to detainees to apply to the court with a request to order the penitentiary authorities to implement measures to prevent lack or discontinuation of treatment contrary to the prohibition of inhuman or degrading treatment. With the help of mainly external funding, the facilities of some prisons and detention centers have been renovated.
Persisting problems
Despite the partial improvement of the situation, some major problems remained and even deepened. During a visit to Bulgaria at the end of 2017, the European Committee for the Prevention of Torture reported high levels of corruption, numerous cases of inter-prison violence, overcrowding, delapidated facilities, poor hygiene, prolonged isolation for some categories of prisoners, restrictive conditions for family visits, difficulties for prisoners to submit complaints, deteriorating medical care and others. The observations of the National Preventive Mechanism to the National Ombudsman from 2017-2019 confirmed that a number of pressing problems of the penitentiary system remain without reform. At the beginning of 2020, the implementation of the pilot decision “Neshkov and others” remains under enhanced supervision by the Committee of Ministers of the Council of Europe – the body that monitors the implementation of the decisions of the Strasbourg Court.
Grant amount: 179 305 EUR
Contact: Krassimir Kanev
email: bhc@bghelsinki.org; prisonreform@bghelsinki.org
phone: +359 2 483 6298, +359 2 843 0271
address: “Varbitsa” 7, 1504 Sofia, Bulgaria
facebook.com/prisonreform.bg
Related content:
A Practical Guide to Legal Advocacy for Persons Deprived of Personal Liberty as a Result of Conviction for an Offence
REPORT: Problems with the equal treatment of accused persons in pre-trial proceedings in Bulgaria
