If you believe that your human rights have been violated while you are in prison, you may submit a complaint about such violation. It is important for preventing an ongoing violation, preventing a future one or for obtaining compensation.
Read more about the following most common types of complaints:
Although the law does not provide for a specific complaint procedure against prison staff actions or decisions, under the general rule of the Execution of Punishments and Pre-Trail Detention Act, you have the right to file complaints and requests and to appear personally the head of the prison.
In this regard, if you believe that a decision, or something done by prison officers, violated your rights, you can submit a complaint with the head of the prison. Complaints may also be filed with the director of Directorate General “Execution of Punishments”, who manages, controls and is responsible for the overall activity of prisons in Bulgaria.
Further, signals may also be made to the Inspectorate at the Ministry of Justice, which has general competence to exercise administrative control over the work of the Ministry of Justice employees The procedure for examining signals is governed by the Administrative Procedure Code.
If you want to complain about violence or a potential crime committed by a prison officer, read about specific procedures.
Generally, you can appeal any decision by the head of the prison to the director of Directorate General “Execution of Punishments”, following the procedure for appeal of administrative acts before the higher administrative authority, stipulated in the Administrative Procedure Code or to the administrative court. Bear in mind that certain categories of decisions of the head of the prison are subject to appeal only to the director of Directorate General “Execution of Punishments”, in accordance with special procedures provided for in the Execution of Punishments and Pre-Trial Detention Act. for example, if you are imposed a disciplinary punishment, other than solitary confinement, by the head of the prison, you can only appeal the order before the director of Directorate General “Execution of Punishments” within seven days of receipt of the order.
According to the Bulgarian Constitution, the prosecution office exercises control over the legality of the execution of sentences. Prosecutors are authorized to inspect prisons, meet with prisoners and examine prisoners’ complaints, concerning violations of penitentiary legislation. Their orders are binding on the prison administration. Prosecutors may also order the release of any person who is being detained unlawfully.
You can appeal decisions of the head of the prison or the director of Directorate General “Execution of Punishments” to the Administrative Court. Generally, you should file the appeal within fourteen days from the day you received the decision, but you have to keep in mind that there are various exceptions to this rule. The decision of the prison administration must also contain information about where and when to appeal.
Read more about your rights in the Administrative Court
Certain decisions of the prison authorities are only appealed before the Administrative Court, following specifically prescribed procedures. Such examples are decisions for:
- Transfer from one prison to another
- Transfer from prison to closed type prison dormitory or vice versa
- Transfer from prison or closed type prison dormitory to open type prison dormitory or vice versa
- Change of regime
- Solitary confinement as disciplinary punishment
If you think that certain actions (but not a written decision) of prison authorities or omissions of requested acts of the prison authorities violated your rights, you should submit a complaint before the administrative court, following the procedures set in the Administrative Procedure Code.
Bulgarian law prescribes that certain decisions of the prison administration are appealed to the general courts. For example, decisions for confiscation of prisoners’ property made by the prison governor are appealable to the district court, exercising jurisdiction over the respective prison whereas decisions for solitary confinement for preventive purposes – to the regional court.
The administrative Court has two levels:
- The court of first instance
- The court of cassation
Normally your claim can be examined at the two instances. Read more about appeals in Administrative Courts.
Some decisions may only be appealed in one or two levels in the administrative Court.
example You may appeal these decisions only to the court of first instance:
- Transfer from one prison to another
- Transfer from prison to closed type prison dormitory and vice versa
- Transfer from prison or closed type prison dormitory to open type prison dormitory and vice versa
- Change of regime
- Solitary confinement as disciplinary punishment
Under Bulgarian law, if you believe that you are being subjected to torture, inhuman or degrading treatment, including in cases of overcrowding and poor material conditions in prison and detention centers, you should complain to the administrative court. You may request the relevant administrative court to order an injunction on actions or inactions of the prison administration which amount or could amount to inhuman or degrading treatment. Such actions could be a transfer to another cell or prison, improvement of material conditions, granting access to medical care, etc. The court must rule on your request within 14 days of the referral. The decision of the administrative court may be appealed to another panel of the same court.
The prison staff and the head of the prison are responsible for conditions and good order in prison. Therefore, if other inmates have violated your rights, you should alert the prison staff or the head of the prison.
Read more about how to complain about crimes committed by fellow inmates.