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Bulgaria / Sofia City Court / 2237/2016

D.M.S. v Director of prison in the town of S.

Policy area:
Justice, freedom and security
Deciding Body type:
National Court/Tribunal
Deciding Body:
Sofia City Court
Type:
Decision
Decision date:
28/06/2016

Key facts of the case: 

Mr S, deprived of liberty, became eligible for transfer from a prison hostel of closed type to a prison hostel of open type. However, he was continuously not included in the list of inmates to be transferred by the commission for execution of penalties (комисия по изпълнение на наказанията) due to negative assessments of his requests made by the relevant inspectors. Thus, his transfer was practically refused, although without a formal reasoned decision by the commission. The formal reasoned decision included only the list of those approved for transfer. The reasons given for that during the hearing were various: the commission was awaiting the sentence on a pending case against Mr S, then time was needed to process his file, his risk of recidivism was high, he had previous violations of the prison regime, etc. Mr S appealed against not being put forward for transfer and requested the court itself to order the change.

Outcome of the case: 

The Court found that the appellant was practically refused transfer, although the commission, unlawfully, did not state that explicitly and never gave any reasoning for this ultimate outcome. Thus, the Court repealed the informal refusal, but ruled that it is only the commission that can decide on the issue.