There are certain groups of prisoners who must be held isolated from others.
This is done to ensure the safety of those who are considered more vulnerable. Placement in these groups may depend on the characteristics of the person such as age, gender, sex or the personal circumstances of the person in question such as the crime they have committed, their religious beliefs, nationality, sentence execution regime etc.
Groups that must be held separately
Bulgarian law lists those groups of prisoners who must be accommodated separately:
- Men and women
- Minors and adults
- Persons arrested on remand and convicted prisoners
- Juvenile prisoners imprisoned for a first time and juvenile prisoners, who are recidivists
If you are moved to the prison hospital you may meet other groups of prisoners. Remand prisoners and convicted prisoners can go to school together.
Other reasons for isolation
There may be situations when you are in danger of harassment or ill-treatment because of your personal circumstances. In those situations, the prison administration may transfer you to a different cell or prison. You might also be segregated in a separate prison unite or cell for reasons such as:
- You pose a threat to the safety to other prisoners or to the prison staff
- You have alcohol or drug addiction
- You have mental disorder
- The specific crime you have committed (especially sexual offences)
- You are sentenced to life imprisonment
- You are accused of a crime that is punishable by term of imprisonment of more than 15 years or life sentence
- Your connection/cooperation with prison staff or law enforcement
Duties of prison staff
If the prison administration is not aware of threats to your safety because of your personal circumstances, you should alert the prison staff immediately. However, if the danger to your safety is obvious or foreseeable, the prison administration must act to protect you even without your special request.
important The prison administration cannot isolate you from other prisoners just because you differ from others, unless there is a real need for such isolation.
What human rights violation may there be?
Prohibition against inhumane or degrading treatment
If you are not isolated from other inmates who may pose a serious threat to your safety, and because of that you are exposed to violence, harassment or constant threats, it may lead to a violation of the prohibition against inhumane and degrading treatment.
However, not every minor conflict with a cellmate will be considered a danger to your safety.
example If you have been placed in a cell with a person who swears a lot, most likely this will not violate your rights. However, if you experience verbal harassment and threats from your cellmates for several months, but the prison administration does not react to your complaints, it may result in a violation of your rights even if no actual physical violence has taken place.
Read more about the duty to investigate and prevent such treatment.
Right to life
In the most serious situations, a failure to isolate someone from other inmates may lead to a loss of life.
Read more about how to evaluate whether the right to life has been violated.
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.
Read more about how to complain.