6. THE WANTS AND NEEDS OF THE MJELI

Enhancement and Development of the International Legal Assistance and International Legal Cooperation

Bulgaria has signed and/or ratified a number of international conventions related to judicial cooperation in penal and civil matters. For example Bulgaria ratified the European Conventions on Extradition, on Mutual Assistance, on Transfer of Sentenced Persons and on Money Laundering, Seizure and Confiscation of the Proceeds from Crime.

The MJELI is in a process of assessment of the legislative measures neccessary for the implementation of the European acquis in the field of Justice and Home Affairs. The relevant acts have been translated recently and the work for their gradual transposition in Bulgarian law is forthcoming. This alongside with the adherence to the Hague Conventions in civil matters, the Lugano Convention on the jurisdiction and the enforcement of judgements in civil and commercial matters outlines the framework of the present activities of the Ministry.

It is neccessary to consider options for vocational training of personnel – lawyers, judges, public prosecutors etc.- who will deal with the conclusion of agreements and conventions in legal matters, including training in the technique of negotiations, computer and language skills.

Work related to the preparation and harmonisation of national legislation with international agreements needs foreign expertise and support from EU experts. Exchange of experience with law implementing bodies from other countries and representatives of international organisations on the application of conventional law would have substantial input to the capacity of the Bulgarian experts to reach the EU standards in this area. In this regard, suitable vocational programs on the Council of Europe conventions on legal matters, the Hague Convention on International private Law and the Lugano Convention could prove extremelyhelpful. Training, exchange of lecturers and practitioners is a possible solution and could substantively enhance the abilities of the staff of the Department and the other experts involved to work smoothly in the process of transposition of the international instruments and the coherent implementation.

Training should be made available also to law enforcement authorities as well for judges, public prosecutors and investigators to upgrade their knowledge on the international conventions and facilitate the proper implementation. Methodological assistance would be welcome.

In view of the organisational structure, the decentralized legislative procedures, the tasks and responsibility of the MJELI, a programme should focus on co-ordinating and managing of interministerial legislative processes, organisational structure/mechanism of drafting processes, approach of legal transposition processes in an interministerial framework. The objective of the programme is the development and creation of a interministerial and interinstitutional legislative coordination mechanism to be able to monitor implementation of the international legal instruments.

In this field also technical and training support is needed in the form of the hardware of soft ware (computers, soft ware, e-mail, (laser) printers), but also in the form of training and assistance to use these materials in a very useful and effective way.

Concrete actions to be taken in this respect:

• To consider options for vocational training of personnel who will deal with the conclusion of agreements and conventions in legal matters, including training in the technique of negotiations, computer and language skills.

• Hiring of foreign expertise and support for preparation and harmonisation of national legislation with intenational agreements.

• Training programmes in this field, also with the support of foreign experts.

• Training programmes for judges, public prosecutors, investigators and other authorities to law enforcement to upgrade their knowledge and facilitate the proper implementation.

• To develop and create an interministerial and interinstititutional legislative co-ordination mechanism to monitor implementation of the international legal instruments and sped-up the transposition process.

• Methodological assistance in this field.

• To deliver hardware and software and training programmes to work with these materials.

The reform of the prison system, improving the conditions in the penitentiaries and the preliminary detention places as well as the introduction of alternatives to detention in prisons

Despite the progress made, the human rights situation in Bulgarian prisons remains a serious cause for concern. In accordance to human rights organisations’reports the minimum standards set out by the United Nations/the Council of Europe are not respected in Bulgaria. Human rights organisations furthermore repeatedly reported shootings, torture, beating and other forms of ill-treatment of detainees. During my visit to Bulgaria I have got the same information, as well outside the prisons as inside the prisons.

Also the situation in the preliminary detention is very serious, especially because suspects sometimes stay for one year or longer in preliminary detention. The pre-trial period is moreover not controlled by the court. In the amended Criminal Procedure Code (mentioned above) the last point seems to be changed.

It is important that during the pre-trial period a suspect has from the early beginning of this period the right to be represented by an advocate. Furthermore it is also of great importance that the pre-trial periode is controlled by a judge conform the European Convention of Human Rights. In the amended Criminal Procedure Code, on paper, these human rights seem to be implemented the Bulgarian Criminal Procedure Code.

Under the new amendments to the Judiciary Act dated November 15, 1998 within the MJELI a General Directorate “Preliminary Detention” was set up to create a structure functioning centrally and locally in places for detention of persons taken in custody on a criminal charge, in order to ensure that preliminary and court proceedings and related activities comply with the terms of the European Convention on Human Rights and the Committee for Prevention of Torture. The MJELI finds it essential to differentiate the methods, modes and means for supporting the Directorate, considering the need for a soecialized structure, the present conditions in places for preliminary detention and the qualifications of the personnel. They propose the following: 1) expert assessment of condition in places for preliminary detention and training of security personnel for the purposes of improving the existing situation according to European requirements; devise recommendations; 2) training of personnel aimed at developing skills and practical habits as behavioral norms, according to the requirements of the Committee for Prevention of Torture; 3) exchange of experience with experts from a country with a model system of places for preliminary detention and similar legal arrangements in criminal procedure matters.

Above mentioned proposal is very important for the human treatment in the near future for people in preliminary detention, but also for people in detention. It is hard to think of differences in both situations. Fort that reasons it seems to be important to enlarge the mentioned proposal to places of preliminary detention and normal detention.

Moreover it is of great important to grade up the respect for human rights in prisons and living conditions and give more attention to resocialisation. Finally it is important to look for alternatives to detention in prisons f.e. working without payment in stead of staying in prison.

Concrete actions to be taken in this respect are:

• A team of experts will provide the expert assessment of the qualifications level of the security personnel measured up against the requirements set out by the Committee for Prevention of Torture and recommendations concerning improvement of living conditions in places for preliminary detention. Afterwards an expert group will assess the extent to which security teams are informed of the Committee’requirements.

• To prepare a training programme of 5 successive courses with a duration of 12 day each. Totally there will be 200 participants.

• A five-day visit of a delegation of the MJELI to a country with a suitable structure.

• To improve the living conditions in the penitentiaries and preliminary detention places.

• To improve the respect for Human Rights in prisons.

• To create possibilities for resocialisation on prisons and afterwards.

• To create alternative punishments.

• To set up a course programme for all people working in the judicial field, for example employees of the MJELI, public prosecutors, the Special Investigation Service, judges and employees working in prisons to discuss the prison system and alternatives.

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