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България | The Ministry of Justice: The conditions for Ivanceva and Petrova within the framework of the law



Krasimir Knev: This is not a chili, and a toilet

"Следните сестри, кои множина починят килия, а кажете ми за теах, а са тоялна.Трима души се на едно место, наскоро има заградено место, на кое ходя по мало и силна нужда. Килия или тоалетна со бугарските сести не е ясно. "
This commentary before the "Frognyuz" chairman of the Bulgarian Helsinki Committee Krasimir Knev, who was meeting with Desislava Ivanceva.

The explanations given by the administration differ slightly: "All facilities have their own sanitary facilities with continuous access to the running water". Next is the fact that the toilet is part of the kiln, separated by a wall: "The sanitary area is separated from the rest of the chili with a solid partition wall with a height of 1.2 m."

Stolichnite sesti na bul. "G.M. Dimitrov" №42 and "Major G. Vekilski" №2 responded fully to the legal conditions – to allow the maintenance of the physical and psychological health of the detained and respected human dignity. They have a minimum 4 square meters of floor space, their own sanitary facilities in the countryside, access to daylight and experiential evening lighting. The detainees have the opportunity to personalize the toilet and wash the clothes and clothes, as well as to clean the premises. This is stated in a persistent press release from the Ministry of Justice spreading as a reply to numerous requests from the media (the text of the message appears in the bottom of the message).

The reason for this is the prolonged scandal over the past several months with the detention of the former farmer of the "Mladost" district Desislava Ivanceva and the Deputy Biljana Petrova, who escalated over the last days, even though he was not at all in the basics of the "Major Vekilski" where the two are held back.

With arm rings and pranks on the arm

On the occasion of the meeting in Sofia, the sixth protest under the "Law and Freedom" vowed in support of two women, whose rights we see will be violated more from the moment of their detention before seven months, and after and in the manner in which they were convoyed by the judicial protection and the employees of the state to the courtroom and the hospital. Unlike all other sub-systems, some of the defendants have been charged with severe violent incidents in a court of law without a pair of belts, two more than the first day being brought to the courtroom and sent to the court. Repeatedly, the submissions and the lawyers are mourned by the court that in the case of judicial protection, it is half a meter away from them, which not only exceeds them but also distorts the secret of the relationship between a lawyer and a client.

Ivančeva was shot with handcuffs, pranks on the arm and a hinge in the absence of a hospital. It was necessary for the two of them to mourn, if they were naked at the time of their entry and exit from the city in an unusual and irrelevant manner, as long as they were exited, they were joined by three souls of protection.

In this background, public disregard has been strongly provoked in a demonstrable manner by which the Appellate Court of Appeals (ApSNS), before the 10th day, identified the downstream instance of the unlawful release of the applicant from the reason that the medical condition was deteriorating and the retention their guard is useless. ApSNS did not show motives for the essence of the matter – the absurd argument that it had to be stated that it was not necessary to terminate the protocol of the lower instance instance and the evidence in the case.

The lead procurator transferred the ball to the justice minister

On Thursday, in the "Shouto na Slavi" on bTV, the main procurator, Sotir Cacarov, stated that "the conditions for attending are closed and closed by the Ministry of Justice", as well as that "the bands of the line do not stand out from the prokurorite , and from the ministers of justice ".

Such Cacarov transferred the question to the Minister of Justice Cecka Cacheva: "Your, my reaction, the reaction of other citizens, and mine in relation to those binders on the line, are commonly taken. Whatever I had to say for these binders at the minister's side, I have said that this is an absolute measure. And that this is a perfectly vague demonstration, why this woman does not deserve similar treatment at all. But the measure that must be applied to it should be the same for all defendants. There is no reason for them to be privileged to others. However, there is no reason to be placed in a situation that is more severely treated by others. "

The Chief Procurator did not state what the different treatment of Ivanceva and Petrova was due to the other defendants in respect of the proceedings. nar. общественна значимость. In fact, the procurator has a wide range of means to conduct checks at places of detention and deprivation of liberty, including within the framework of the supervision of legality. But outside the Ivanceva-Petrova case, the duties of the Ministry of Justice on the living conditions of the detained persons, as well as the conditions of convoy and conservation, visits, etc., have been delayed.

The Ombudsman publishes the inspection report in the framework of the National Prevailing Mechanism, which states in the text that the conditions in the "Major G. Vekilski" street №2 in the form of "mass and systematic extermination, severe, inhumane or unilateral" relation and failure to comply with the effective administrative measures required by Article 2 (1) of the Convention against the Extradition and Other Forms of Cruel, Inhuman or Degrading Treatment or Punishment ". And more: "The publicity case after the convoy of the defective farmer of" Mladost "Desislava Ivanceva with the armbands to the Endocrinology, according to the NPM's checking team, is indicative of a violation of human rights in the place of deprivation of liberty, due to a gross violation of law and long-term failure to comply with ombudsman's recommendations in his capacity as NPM. "

The Ministry fails to respond to the convoy and maintain it

However, on Monday the Ministry of Justice did not respond to questions about the convoy and visits, and the conditions in which they were set up in the charges, as well expressly (as well as Cacarov), "all detained persons in the two prisons were placed in equal conditions for residence ". It is not by itself that this is proof that the conditions are in accordance with the legal standards, but there is sufficient evidence that it already has sufficient evidence that, in the case of Desislava Ivančeva and Biljana Petrova, other standards are applied – both detained and convoyed and protected in the judiciary zala.

There is an appeal – there is no appeal

However, the special note merits one of the allegations made by the Ministry of Justice, the complaint goes contrary to the claims of the two women, who show – through the lawyers that all the technical complaints that are sent to the employees of the attorneys' attorneys can not be forwarded. Complaints shall be taken from the employees without having to get the entry number, and then they are told that they have an answer, but they do not lecture them personally, Ivanceva and Petrova claim.

"Any appeal and a signal held by a person shall be verified by the above administrative director. For the last six months in the village of ul. "Mr. G.Vekilski" №2 with postings 109 complaints and signals only three detainees with claims on the substantive conditions in the court. The detainees are notified according to the relevant order of the results of the checks. Inspections shall also be carried out by the Inspectorate under Article 46 of the Law on Administration to the Minister of Justice", it is said in the MP's reply. Regarding the" Capital "where these complaints are registered, the Ministry noted that they were recorded in a separate book, in which the applicant's name was not known, the date and time of submission of the complaint, the address , the name of the servant, which I received and so on.

Indeed, the applicants are not given an entry number indicating that they can not forward their complaint. The MP applied for "Capital", that every signal was checked, and the complainants were informed of the responses that were addressed directly to them. If the appeal is to the administration, the response is read only against the signature. It is especially hopeful that the rules on how the complaint procedure is not public and has no comment on their compliance with the elementary standards for protection and control, and even with the elementary social logic.

"Capital" is already saying that the examination of the protection of the two women for a reaction against the conditions in which they were placed in the arrest are a failure. According to the actions of Ivancev and Petrova, the categorical categorically deny that they are interested in the conditions in the area of ​​the street. "Major Vecil" and refer to the Administrative Court. In the Administrative Court – Sofia Castle, however, they refused to establish an application for such an appeal, alleging that, by law, after the court was brought into the court, the two should be transferred to the women's prison in Sliven, advocate Radost Gancheva, defense attorney Petrova. However, the experts dismiss Ivanceva and Petrova on the grounds that they stay in Sofia, for which they must continue to travel to Sliven and vice versa for the sessions.

With regard to the reticulation of the detainee nature of the case, the Court of Justice is categorically – only the Court decides what to maintain in the judgment, all the proceedings must be upheld.

According to the response of the "Implementation of Frauds" Service -Sofia dispersed by the Ministry of Justice:

The table seats have plenty of space, sanitary facilities and hygienic conditions

Save the rooms / kiwi / in the "Mr. G. Vekilski" No. 2 with one-off construction and equipment. They respond to the requirements for a minimum residential area of ​​4 kv. m. in sleeping rooms for all detained persons and equipped with self-contained beds, metal mass and tables, metal cabinets for storage of solvents and articles. Every chick has access to daylight through two windows, which are actuated by protective gratings, which are dismantled during the summer, and in the winter the access to fresh air is carried through metal valves. In all sleeping rooms, experiential lighting is provided – constant and reserve. An aspiration system has been built, which ensures the continuous circulation of air in the air and the general facilities.

All facilities have their own sanitary facilities with continuous access to water courses. The sanitary area is separated from the rest of the chili with a massive partition wall with a height of 1.2 m. The sanitary area is covered with permanent floor coverings – plate terracotta, and the walls with façade panels, which allow the hygiene of the room to be maintained at the required level. The hygiene in the chickens is maintained by the detained persons, who are provided with the necessary preparations and means for support – buggies, brooms, parings, etc.

A minimum of two fifths of a week is secured for each occupied person. Every day, in a desperate need, access to hot water is ensured for the hygiene of the premises in which they reside, personal toilet and laundry and laundry facilities and other necessary necessities.

Any detained person is entitled to food – snack, accompaniment and dinner, as in two cases it is delivered three times a day from the Prison – Sofia. The food complies with the provisions of ZINZS, which should be sufficient for a chemical and calorie composition, according to the tables established by the Minister of Justice, co-ordinated by the Minister of Health and the Minister of Finance.

For the needs of the detained persons in the two states there are equipped lavka, which has been given the opportunity to personalize food and beverage products by choice. Retained detained persons may receive food and other solvent items at a time which may contain up to 5 kg. food products up to 5 kg. fruits and vegetables. According to the normative regulation, they are the basis for verification by the Supervisory and Conservation Council.

In two sessions, the daily residence of the detained persons is ensured in the light of the denunciation. V isst na ul. "Mr. G.Vekilski" № 2, the open pit is open in three separate rooms in the inner courtyard of the building, with full access to the environment with direct sunlight, natural access and fresh air circulation, gymnastics offices.

The detained persons are entitled to telephone calls for a period of 08:30 h. until 17:00 h. at the defined sites – the stay on open and narrow corridors.
The visit of detained persons and the search of premises, according to ZINZS, is planned and exempted on grounds for uncovering undeclared goods and objects. The visits of detainees shall be carried out by persons and persons of the same sex, in such a way as not to impair the dignity of the detained persons.

In two cases there is a hospitalized medical center, which provides medical assistance and care for any detained person. The center consists of a director, who is located in the street "Mr. G.Vekilski" №2, doctor's office, responsible for the detained persons in the area of ​​the bul. "G.M.Dimitrov" № 42, dental medicine practitioner, who treats the detained persons of two arresters, feldsher and nurse. To the Medical Center with attracted external experts-consultants: neurologist, cardiologist and dermatologist, who conduct consultations at the place, without additional exposure of the detained persons. Ambulatory medical examination is carried out every week for the detained persons. In case of urgency, the review is unnecessary. The persons in custody, if necessary and in conformity with the lawful order, were settled for treatment in outpatient facilities.


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