You may be punished if you have violated the internal rules of the prison. These punishments are called disciplinary sanctions.
Only disciplinary sanctions that are legally permitted can be imposed. The law has to clearly state the type of penalty that can be imposed for a specific violation. In Bulgaria, there are several types of disciplinary sanctions - from a warning to a temporary placement in solitary confinement.
Rules on disciplinary proceedings and sanctions are set out in the Execution of Punishments and Pre-Trial Detention Act and the Rules of Application of Execution of Punishments and Detention Order Act.
A written decision
According to Bulgarian law, the head of the prison or the head of prison dormitory can impose a disciplinary penalty by a written decision. This decision, issued in writing, must include a full description of the violation, your explanations, the reasons why the particular disciplinary penalty was applied and the appeal procedure.
When the head of the prison takes this decision, he/she must hear your opinion and explanations. This is particularly important if the potential penalty is to be placement in solitary confinement. Bear in mind that the right to be heard means that you must be able to express your opinion, but it does not require the head of the prison to agree with your opinion.
Appeal
Decisions, imposing disciplinary penalties are appealed in a judicial or administrative procedure, depending on the type of the penalty imposed. You are entitled to lodge an appeal against the decision ordering the measure of solitary confinement to the administrative court within three days of notification of the decision. The appeal does not stay the execution of the punishment unless the court rules otherwise. All other disciplinary punishments are appealed before the higher standing penitentiary authority. You can appeal the decision of the head of the prison dormitory to the head of the prison and the decision of the head of the prison – to the director of Directorate General “Execution of Punishments”. within 7 days of receiving it.
The procedure for the appeal is laid out in the Execution of Punishments and Pre-trial Detention Act and in the Rules of Application of Execution of Punishments and Detention Order Act.
What human rights violation may there be?
Right to a private and family life
Depending on the type of penalty applied, serious violations of the disciplinary procedure may violate your right to a private and family life.
Right to a fair trial
Your placement in solitary confinement is comparable, in its seriousness, to a deprivation of liberty. Therefore, you are entitled to the guarantee of a right to a fair trial in disciplinary proceedings involving solitary confinement.
example If you are placed in solitary confinement for 14 days, without an opportunity to express your opinion during the decision making process, your right to a fair trial may have been violated.
Read more about the right to a fair trial.