The detention procedure must be clearly explained by law and followed for detention on remand to be lawful.
Who?
Human rights require that detention on remand is decided by a court or a court-like authority. In Bulgaria, detention on remand must be decided by a court on a motion by a prosecutor.
Participation
You have the right to be present at the hearing in front of the court and to explain your arguments as to why you should be released. Your lawyer must also be allowed to participate and help you at the hearing. If you do not understand and/or speak Bulgarian, the court has a duty to arrange a State paid interpreter during the hearing.
Reasoned decision
The court has to examine all the facts for and against your detention on remand. The judge must be very diligent in doing this. The judge must issue a well-reasoned decision, especially if he or she has decided to keep you on remand. This means that the decision must very clearly explain the grounds on which you will be detained and why that is necessary at this stage of the proceedings. The reasons cannot be superficial and generic. If you do not understand Bulgarian, the court has to provide you with a translation of the decision in a language you understand.
Appeals
You have a right to appeal the decision to keep you detained on remand. You can submit an appeal if you believe that there is a fault in the facts or in the legal reasoning, or if your procedural rights were not respected. It is very important to observe the time limits allowed for appeals. The procedure for the appeal and the time limits must be indicated in your detention decision. They are also stated in the Code of Criminal Procedure.
What human rights violation may there be?
If your detention on remand process did not comply with the given requirements, there may be a violation of the right to liberty and security of a person.