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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