Handcuffs and other methods of restraint may be used against you only if it is necessary to ensure the safety of other persons or yourself and order in the prison.
The prison staff can only use measures that are expressly allowed for by law and under the conditions stated under the law. In Bulgaria, these conditions can be found in the Execution of Punishments and Pre-trial Detention Act and the Rules of Application of Execution of Punishments and Detention Order Act.
Prohibited means of restraint
Degrading or unnecessarily painful means of restraint, like heavy chains, must never be used against you. Physical restraint must never be used as a means of punishment!
Conditions
There are certain rules that must be taken into account when prison staff use any means of physical restraint. These are:
- Whether there is any danger requiring the use of special security measures?
- Whether there are other, less coercive means to ensure safety and order?
- Whether the method of restraint or other security measure is appropriate for the situation and the person involved?
- Whether the measure was used for only as long as it was necessary?
The prosecutor must be informed about each case of use of means of restraint.
What human rights violation may there be?
Prohibition against inhumane or degrading treatment
If special security measures or restraints are used against you contrary to these rules, it may lead to a violation of your right not to be treated in an inhumane or degrading way or in the most severe cases, even torture. However, to violate your rights, the effect these measures leave on your physical or mental condition must reach a certain level of severity.
example If you were handcuffed for 20 minutes on one occasion while on the way to another location in the prison, most likely this will not violate your human rights. However, if you are systematically required to wear handcuffs inside the prison every time you leave your cell, this will most likely violate your rights.
Read more about how to evaluate whether your rights have been violated.
How to complain
If you believe that your rights have been violated, you should complain to the prosecutor or the administrative court. You might also submit a request for the termination of the violation or a claim for compensation of the damages suffered to the administrative court. Read more about how to complain.