Convention
Abbreviation:
CAT
COMMITTEE AGAINST TORTURE
Twenty-second session
26 April-14 May 1999
CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLE
19 OF THE CONVENTION
Conclusions and recommendations of the Committee against Torture
Bulgaria
151. The Committee considered the second periodic report of Bulgaria
(CAT/C/17/Add.19) at its 372nd, 375th and 379th meetings, held on
30 April 1999 and 3 and 5 May 1999 (CAT/C/SR.372, 375 and 379) and
has adopted the following conclusions and recommendations.
1. Introduction
152. The
Committee welcomes the second periodic report of Bulgaria submitted
in accordance with the guidelines for the preparation of State party
reports. It appreciates the information provided by the representative
of Bulgaria in his introductory statement and the open and fruitful
dialogue.
153. However,
the Committee regrets that the second periodic report was seven years
overdue.
2. Positive
aspects
154. The
Committee notes with great satisfaction, that the State party has:
(a) Made
the declarations recognizing the Committee's competence under articles
21 and 22 of the Convention;
(b) Ratified
among other international and regional treaties the European Convention
on Prevention of Torture and Other Inhuman or Degrading Treatments
or Punishment;
(c) Abolished
the death penalty;
(d) Continued
to reform and amend its domestic laws in order to protect human rights;
(e) Continued
its efforts to educate law enforcement officials in the field of human
rights, particularly, with regard to the prohibition against torture.
3. Factors
and difficulties impeding the application of the provisions of the
Convention
155. The
Committee takes note of the economic problems currently existing in
Bulgaria and the adverse effect that they have on some of the reforms
in progress.
156. It recalls,
however, that such difficulties could never justify breaches of articles
1, 2 and 16 of the Convention.
4. Subjects
of concern
157. The
lack in domestic law of a definition of torture in accordance with
article 1 of the Convention and the failure to ensure that all acts
of torture are offences under criminal law.
158. The
legislative and other measures are not sufficiently effective to ensure
the respect of the provisions of article 3 of the Convention.
159. The
lack of measures to ensure universal jurisdiction with regard to acts
of torture in all circumstances.
160. The
continued reporting from reliable nongovernmental organizations on
illtreatment by public officials, particularly the police, especially
against persons belonging to ethnic minorities.
161. The
deficiencies relating to a prompt and impartial system of investigation
of alleged cases of torture and the failure to bring those allegations
before a judge or other appropriate judicial authority.
5. Recommendations
162. The
Committee recommends that the State party:
(a) Continues
its effort to implement the provisions of the Convention, particularly
articles 1, 2, 3, 4, 5 and 6, by adopting the necessary legislative
measures in that regard;
(b) Continues
its policies and efforts to educate law enforcement personnel as well
as medical personnel about the prohibition of torture;
(c) Take
effective steps to put an end to practices of illtreatment by the
police which still occur;
(d) That
all prisoners' correspondence addressed to international bodies of
investigation or settlement of disputes be excluded from "censor checks"
by prison personnel or other authorities;
(e) Submit
its third and fourth periodic reports due on 25 June 1996 and 25 June
2000 respectively on 25 June 2000 at the latest.
