All conflicts between prisoners should be properly investigated. You should immediately notify prison staff or the administration if a conflict arises. The prison staff or administration must react to your complaint, investigate the situation and prevent similar situations in future.
Duty to investigate
The investigation should be conducted thoroughly, independently and effectively. The more severe the results of the conflict, the more detailed the investigation that is required. If another inmate committed a crime against you during the conflict, the Bulgarian investigative authorities should start a criminal investigation. In such a case, evidence should be collected and decisions made according to the rules outlined in the Criminal Procedure Code.
example A verbal insult should be investigated, but a brief investigation is enough. However, if someone is stabbed during a fight, the investiging body must initiate criminal proceedings, collect evidence, question witnesses etc.
According to Bulgarian law, if you are physically assaulted by another inmate or prison staff or you are subject to restraining devises such as handcuffs, you should be immediately admitted by the prison doctor for medical examination. The examination must be carried out in confidentiality. If you consent, the doctor will photograph your injuries. You could also request to be examined by external doctor. The results from the examination will be in a special register. In case of identified injuries, the prosecutor will be notified about the incident.
Requirements for investigation
The investigation must be effective. This means that:
- The investigation should be begun promptly (as soon as possible after the conflict)
- All available evidence should be collected (eyewitness testimony, medical reports etc.)
- The investigation should be independent – the investigative body should not be connected with any of the involved parties
- At the end of the investigation, all conflicting parties should be identified and, where required, punished
What human rights violation may there be?
Prohibition against inhumane or degrading treatment
An ineffective investigation might lead to a violation of the State’s duty to prevent inhumane or degrading treatment against you.
Right to life
An ineffective investigation of any case of death in prison may violate the right to life.
How to complain
If you believe that your rights have been violated, you might complain to the prison administration, to the director of Directorate General “Execution of Punishments” or to the prosecutor. 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.
Where criminal proceedings are initiated (or are not initiated, when they should have been) – you should complain to the prosecutor. Read more about how to complain.