What are the requirements for lawful detention on remand?
There should be clear grounds for keeping you detained. Human rights require that the grounds for detaining you on remand are clearly stated in national law and correspond to human rights standards.
Grounds for detention on remand
To apply detention on remand, there must always be a reasonable suspicion that the person committed the crime the punishment for which is the deprivation of liberty and that detention on remand is the only measure to ensure that the suspected or accused person will not commit a new offence, will not disturb the investigative process or will not avoid the investigation, the Court or the execution of the sentence. In Bulgaria, the exact grounds for detention on remand are explained in the Code of Criminal Procedure. The decision is taken by a court.
Necessity
It is not enough to just have a ground for your detention. The detention must be necessary to specifically achieve that ground in your case. This means that the police have to provide evidence that, for example, you really might commit another offence. The fact that you have committed offences in the past will not always automatically be sufficient evidence that you will commit a new offence if not detained.
Reasoned decision
The grounds for your detention and the need for it have to be clearly explained in the decision of the investigative judge. The decision must not be superficial and generic and it has to explain the specific circumstances and reasons related to your case.
What human rights violation may there be?
If you were not detained according to lawful grounds or your detention was not adequately justified, it may result in a violation of the right to liberty and security of a person.