Country

Bulgaria

Detention issue

Solitary confinement

FRA research findings

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Legal instruments & key provisions

Legal instrument Key provision
Execution of Penalties and Detention in Custody Act (Закон за изпълнение на наказанията и задържане под стража)Prisoners, who have committed one of the violations listed in the law, can be punished by placing them in the so-called ‘penal cell’. There are two different types of this punishment: placement in a penal cell for up to 14 days and placement in a penal cell during the non-working or non-studying time, during days-off and during public holidays for up to 14 days in total in the course of up to three months. The placement in a penal cell can be extended to up to 20 days when more than one punishment has been imposed and the prisoner has not served any of them. Prisoners under 18 years of age can be placed in penal cells for up to three days, during which time they are allowed to go to work or to school. To prevent prisoners from escaping, from harming the life or health of others or from committing another criminal offence, inmates can be isolated in the so-called ‘individual cell’ (единична килия). The maximum duration of this measure is two months. Prisoners in individual cells cannot take part in collective activities.

NATIONAL PREVENTIVE MECHANISM RECOMMENDATIONS

Year Recommendation Report
2017Pursuant to Article 111 Execution of Penalties and Detention in Custody Act, the order imposing disciplinary isolation is subject to appeal before the administrative court competent in the jurisdiction where the prison is located within three days of announcing it. The appeal does not stay the execution of the order unless the court otherwise decides. In those cases when the court repeals the order as unlawful, the sanction has already been served. The opportunities are either to deduct the time served from future disciplinary sanctions or subsequent financial compensation, again following a court decision. The NPM is of the opinion that this provision should be amended. Report details