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,

, . 4 -04-277/04.10.2002 .

: " ,

. ,

" [seeRespondents letter 8319 1 16.09.2004].

As such isolation according to the criteria of nationality and the determining of

other rights according to that same criteria as is required by the Respondent in item 4 of

ORDER LC 4- 277 is both a clear and irrefutable violation of Bulgarias national laws

and international agreements and must be rescinded immediately with full rights

restored retroactively to all foreign citizens in Bulgarian prisons.

FURTHERMORE, the Applicants believe that there is no argument that the second

requirement of item 4 of ORDER LC 4-277 and requiring foreign citizens to have a

registered address in Bulgaria is also a form of direct discrimination according toproperty status and nationality. First because it is only the indigent and poverty stricken

Bulgarian citizens who do not have registered addresses and because of their property

status are denied equal rights and opportunity under law. And second because foreign

citizens in transit through Bulgaria at the time of his or her arrest clearly would have no

need of a registered address in Bulgaria. Finally, third and most significantly legal

rights under Bulgarian national laws are not to be determined by an individual having

or not having a registered address unless so specified in the law.

As such isolation because of the criteria of a registered address and the determining

of other rights according to this same criteria as is required by the Respondent in item 4

of ORDER LC 4- 277 is a clear and irrefutable violation of Bulgarias national laws

and international agreements and must be rescinded immediately with full rights

restored retroactively to all foreign citizens in Bulgarian prisons.

HOWEVER, the offensive character words of item 4 ORDER LC 4 277 alone

are not sufficient for this Court to grasp the far reaching and severe negative

impact of the discrimination that ORDER LC 4 277 has brought upon the lives and

legal rights of those foreign citizens deprived of their liberty in Bulgaria and refused

the possibility to serve the remainder of their sentences in their own countries.

As a result, to determine the extent of the discrimination and arbitrariness directly adindirectly the result of item 4 ORDER LC 4-277 requires the Applicants request the

Court obtain from the Respondent certain statistical evidence of its practices in

assigning housing, employment, education and social benefits from the Respondents

most recent data for the following;

A) FOR EACH PRISON OR HOSTEL ADMINISTERED BY THE

RESPONDENT AND AS SEPARATE TOTALS ACCORDING TO THE

DESIGNATED TYPE OF HOUSING [id est closed, semi-open and

intermediary or transitional type] THE RESPONDENT PROVIDE TO THE

COURT;

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1) With the total numbers of foreign citizens housed in each type of prison

and hostel.

2) The total numbers of foreigners to be sub-divided by the Respondent into the

numbers of foreign citizens at each separate facility that are;

i) accused or defendants under a criminal case;

ii) first time offenders with sentences in force, and;

iii) recidivist, those foreign citizens convicted for the commission of more than

one crime on the territory of Bulgaria and with sentences in force [see art.15811 for the Law for the Execution of Punishments and 4of the13.09.2004 letter Deputy Minister Mario Dimitrov ];

3) Comparative figures2for Bulgarian citizens at the same prison or hostel type;

Your Honors, these statistics will establish several facts.

1. That the Respondent is not observing exactly its own

ORDER [LC 4-277] and that foreign citizens are spread

through out Bulgarias prisons;

2. That the Respondent is only housing foreign citizens in

prison hostels of the Closed type, and is unwilling to provide

foreign citizens their legal right to prison housing according

1 Art. 158. (1) (amend. SG 28/82, SG 89/86) Recidivists in the sense of this law are:

a) sentenced two or more times to deprivation from liberty for intended crimes, for which

common penalty should not be determined according to art. 23 25 of the Penalty Code, if theyhave served penalty deprivation from liberty;

b) the sentenced for crime, which is dangerous recidivism.

(2) No recidivists are the sentenced for crime, committed:

a) five or more years after serving previous penalty deprivation from liberty - if before that they

have been sentenced only once;

b) ten or more years after serving the last penalty deprivation from liberty - if before that they

have been sentenced two or more times.

(3) (new SG 28/82, revoked SG 62/02).

(4) (prev. (3) SG 28/82, amend. SG 89/86) Upon suspended sentence and liberation ahead of

time under probation the terms of para 2 shall start from the day, when the probation term has

expired.

2 Your Honors, the Plaintiffs seek to prove the practice of direct and indirect

discrimination (according to nationality) in the spheres of prison housing, equal opportunity

employment and education and access to benefits such as regular unsupervised leaves necessary

for a long term prisoner to maintain the social fabric of his or her family. To do this we must askthe court to examine how the Respondent applies the same laws to the different classes of

prisoners.

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to their sentences and the Bulgarian national law legislated

underart. 8a 2 and 33 and art. 12a 1 and 34 of the Law

for the Execution of Punishments.

B) FOR EACH PRISON OR HOSTEL ADMINISTERED BY THE

RESPONDENT AND AS SEPARATE TOTALS ACCORDING TO THEDESIGNATED TYPE OF HOUSING [id est closed, semi-open and


COURT;

1) Separate figures for the numbers of those foreign citizens that are (1) accused or

defendants (see art. 132e 15Law for the Execution of Punishments), and for

those that are (2) with sentences in force and who;

3 Art. 8a. (new SG 62/02) (1) The places for execution of the penalty imprisonment

shall be prisons and reformatories.

(2) At the prisons can be established prison hostels of closed, transitional and open type, and at

the reformatories - prison hostels of transitional type.

(3) At the prisons, the reformatories and the prison hostels the reforming impact shall e

implemented differentiated with regard to the different categories convicted.

4 Art. 12a. (new SG 34/74, amend. SG 28/82, SG 21/90, SG 62/02) Those, convicted

for the first time to imprisonment up to five years for intended crimes and the convicted for

negligent crimes shall serve their penalty in prison hostels of open type.

(2) (revoked SG 62/02).

(3) (new SG 73/98, amend. SG 62/02) At the prison hostels of transition type can be

accommodated convicted with good conduct, served at least six months of the imposed penalty

in a prison or prison hostel of closed type and remainder of the penalty not bigger than five

years.

(4) (new SG 73/98, amend. SG 62/02) The order for accommodation in prison hostels of

transition type shall be determined in the regulation for implementation of the law.

(5) (revoked SG 62/02).

(6) (prev. (4) SG 73/98) Those, deprived from liberty, who serve their penalty at prison hostels

under the previous paras, can be moved to a prison or prison hostel of closed type by the

Ministry of Justice only in the cases of art. 55.

5 Art. 132e. (new SG 62/02) (1) The accused and the indictees in the prisons and the

reformatories can work if possible and upon explicit wish for this, expressed in writing.

(2) Their including in general education and professional technical training shall be

encouraged.

(3) The accused and the indictees in the prisons and the reformatories can be punished or

rewarded by the order of chapter seven and eleven.

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i) have full time employment and at full minimum wage from the Respondent;

ii) have full time employments and at full minimum wage from a private

company;

2) The numbers of foreign citizens having sentences in force and who as ofDecember 31st 2005 are permitted by the Respondent to be employed outside

the grounds of a prison or hostel according to the provisions ofart. 44 2, 3

and 46of the Law for the Execution of Punishment.

3) Comparative figures for Bulgarian citizens at the same prison or hostel type;

Your Honors, this will establish several facts.

1. That the Respondent, by implementing ORDER LC 4-277

has unlawfully denied to foreign citizens their equal right to

access full time gainful employment [.. ];

(4) The reward home leave shall not be applied with regard to the accused and the indictees.

(5) With regard to the accused and the indictees, who rave, terrorise the others or perform

physical oppression, shall be applied strengthened protective measures by the order of chapter

seven A.

(6) When the accused and the indictees refuse to take food and this creates danger for their life

and health, upon prescription by the doctor shall be undertaken the necessary medical measures.

(7) The accused and the indictees shall be kept in permanently locked premises.

(8) In the prisons and the reformatories the accused and the indictees can be kept in premises,

which are locked only during the night.

6 Art. 44. (1) (amend. SG 62/02) The degree of isolation, the character of guard, the

checks, the furnishing of the dormitories, the participation in different kinds of labour and

collective forms of political reforming work, the number of the parcels, visits the time of

walking and the sums for satisfying personal needs for the different regimes shall be determined

with the regulation of art. 160.

(2) (new SG 34/74) For the deprived from liberty, who serve their penalty at prison hostels ofart. art. 12a, shall be provided alleviation.

(3) (new SG 28/82) At the prison hostels of open type the deprived from liberty shall be under

alleviated supervision and work out of the region of the hostel without guard.

(4) (new SG 28/82, amend. SG 62/02) At the prison hostels of transition type the deprived

from liberty shall be under alleviated supervision and guard. separate groups of them can be

sent to work out of the region of the hostel without guard.

(5) (new SG 28/82) At the prisons and the prison hostels for recidivists the deprived from

liberty shall be put under hard supervision and guard and work only in the region of the

respective prison and prison hostel or at detached sites.

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2. That as a result of the Respondents intentional and

premeditated restrictions on employment available for

foreign citizens, the Respondent has violated Article 411 ofthe Bulgarian CCand so has intentionally denied to foreigncitizens an equal possibly to reduce their sentences according

toArticle 413 CC.

3. That by housing foreign citizens only in prison hostels of

the Closed type and segregating and isolating them from all

Bulgarians, the Respondent has de facto placed all foreign

citizens under one and the same regime for employment

and education as that designated for recidivists [see Art.

44 5 Law for the Execution of Punishments]. This done by

the Respondent solely on account of the Applicants not being

citizens of Bulgarian.

4. That the placement of all foreign prisoners into one housing

facility, regardless of their crimes, sentences or regimes, andplacing all under one and the same physical restrictions and

psychological distress is a practice not consistent with the

national law in art. 42 item a7of the Law for the Execution

of Punishments and the legal rights of individual offenders.

5. That the Respondent has thereby unlawfully denied to non-

Bulgarian citizens their legislated right to complete their

sentences in housing facilities designated by national law.

And insodoingso the Respondent indirectly discriminates

against foreign citizens by denying them equal access to

employment opportunities outside of a prison r hostel underthe conditions of art. 44 2, 3 and 4 of the Law for the

Execution of Punishment.

C) FOR EACH PRISON OR HOSTEL ADMINISTERED BY THE




COURT;

7 Art. 42. The regime at the prisons and the reformatories shall assist the achievement of

the objectives of art. 2 by:

a) differentiated accommodation and isolation of the deprived from liberty depending on sex,

age, character of the committed crime, previous convictions and degree of public hazard;

b) establishing of the necessary order and discipline;

c) expedient distribution of the time during the day and night;

d) creating of appropriate living ambience;

e) determining the rights to visits, parcels and correspondence, disposable sums for personal

spending, disposable belongings etc.

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1) The number of foreign citizens enrolled by the Respondent in educational

programs or vocational training of any kind and consistent with the minimum

requirements for rehabilitation of persons of deprived of liberty in Bulgarian

according to the national law found in articles 66b, 68, 69 and 708of the Law

for the Execution of Punishments;

2) The numbers of foreign citizens permitted by the Respondent to organize and

participate in voluntary bodies according to articles 71, 72 and 739 of the Law

for the Execution of Punishments.

8 Art. 66b. (new SG 62/02) (1) At the prisons, the reformatories and the prison hostels

shall be applied programmes for group work with the deprived from liberty, assisting them in

adaptation to the conditions at the places for deprivation from liberty and in their preparation for

life in freedom.

(2)The programmes for group work shall be directed to:

1. motivation of lawful behaviour;

2. solving of problems and creating of skills for surmounting of difficulties;

3. mediation services of external organisations.

(3) The participation of the deprived from liberty in the programmes for group work shall be

voluntary.

(4) The programmes for group work shall be approved by the chief director of Chief directorate

Execution of penalties.

Art. 67. (revoked SG 62/02).

Art. 68. (amend. SG 21/90) (1) (amend. SG 62/02) For increase of the education and for

professional training of the deprived from liberty at the prisons and the reformatories together

with the bodies of education and science education establishments shall be organised.

(2) (amend. SG 73/98) The education establishments of the previous para shall be opened and

closed by the Ministry of Education and Science upon proposal by the Ministry of Justice.

(3) The general education and the professional technical training at the education

establishments shall be conducting without discontinuing work according to study plans and

programmes, approved by the Ministry of Education and Science. The pedagogic and the study methodical guidance and the control of the education shall be implemented by the Ministry of

Education and Science.

(4) (amend. SG 73/98) The professional technical training shall be conducted also in the

courses without discontinuing work as well as with brigade and individual training. With a

permission of the Ministry of Justice courses with discontinuing work can be organised.

Art. 69. At the places for deprivation from liberty shall be created the necessary conditions for

theoretical and practical mastering of the speciality or the profession through ensuring of study

material base, free of charge textbooks, tools, aids etc.

Aty. 70. (1) For finished education, as well as for acquired speciality and qualification to thedeprived from liberty shall be issued documents according to the generally established models

in the country.

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Your Honors, this will establish that Respondents ORDER LC 4- 277, by creating

the segregation and isolation of foreign citizens from Bulgarian citizens has acted

denied to indirectly discriminate against foreign citizens and their equal right to

participate in educational or vocational retraining programs and in the voluntary prisonbodies organized to address the specific questions for the rehabilitation, social and

other needs of non-Bulgarian citizens also members of prison society.

AND FURTHERMORE that the Respondent has intentionally made no effort to

provide foreign citizens in it prisons or hostels a reasonable and equal alternative.

D) FOR EACH PRISON OR HOSTEL ADMINISTERED BY THE




COURT;

1) Annual figures for each prison and hostel of the numbers of foreign citizens

since January 1st 1991 to December 31 2005 that according to the national law

(2) The deprived from liberty of the previous para shall be accommodated to work, which if

possible corresponds to the acquired speciality and qualification.

Art. 70a. (new SG 73/98) (1) To the deprived from liberty shall be ensured opportunities to

satisfy religious needs by participation in religious services and ceremonies, as well as for use

of respective literature.

(2) The satisfaction of religious needs cannot breach the order at the places for deprivation from

liberty.

9 Art. 71. (amend. SG 28/82) (1) (amend. SG 73/98) The regime, the labour and the

reforming work in the prisons and the reformatories shall be conducted with active and

organised participation of the deprived from liberty.

(2) (amend. SG 62/02) For this purpose voluntary bodies shall be elected.

Art. 72. (amend. SG 73/98) The voluntary bodies shall have as objective to develop the

initiative of the convicted, to assist the reforming and the improvement and to assist the

administration in organising and conducting of the regime labour and reforming work.

Art. 73. The deprived from liberty can conduct meetings and other common events with

permission of the administration.

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in art.7410 1 items f, g and I and art. 751, 2 and 311 of the Law for theExecution of Punishments have been granted;

i) home leave from 3 to 5 days;

ii) home leave of 2 days monthly;

iii) day leave of up to 12 hours;


10 Art. 74. (1) For marked discipline, for significant labour achievements and for other

positive acts the deprived from liberty can be stimulated with the following rewards:

a) public praise;

b) (amend. SG 62/02) extraordinary visit or food parcel;

c) increase of the time for stay in the open air;

d) increase of the due under the regime sums for satisfying of personal needs up to 50% - for a

term of one month;

e) pecuniary or subject awards;

f) home leave for a term of five days;

g) (new SG 28/82, amend. SG 62/02) home leave up to two days monthly regardless of the

leave of item f) for the deprived from liberty, accommodated at prison hostels of transitiontype;

h) (new SG 28/82, amend. SG 62/02) permission to be used the annual rest of art. 28 out of

the prison hostel for the deprived from liberty, accommodated at prison hostels of open and

transition type;

i) leave up to 12 hours out of the place for deprivation from liberty for the deprived from liberty,

accommodated at prison hostels of open and transition type;

j) deleting or revoking of imposed disciplinary penalty.

(2) (new SG 28/82) The deprived from liberty, accommodated at prison hostels of open typeshall have the right to home leave for two days monthly, regardless of the leave of para 1, item

f).

(3) (prev. (2), amend. SG 28/82) At extraordinary visit the deprived from liberty shall have the

right to receive extraordinary food parcel, and in the cases of para 1, items f), g), h) and para 2

increase of the sums for personal needs.

11 Art. 75. (1)The rewards of the previous Art. shall be given by the chief of the prison or

the reformatory, and these of items a) to d) inclusive also by the chief of the reformatory.

(2) (amend. SG 73/98, SG 62/02) The reward of item f) shall be given for good behaviour with

written consent by the respective prosecutor after serving one year of the penalty. This reward

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Your Honors, the foregoing statistical evidence will establish before the Court that while the

Respondents ORDER LC - 4 - 277 provides no specific mention of any direct discrimination requiring

prison directors to exclude foreign citizens for the any of the abovementioned rights to inter alia (1)access

full time employment in and outside of the prison or access to higher education or vocational training in or

outside the prison supervised under guard or unsupervised; (2) the organizing and participating in

voluntary bodies at prisons, and; (3) access to annual home leaves or 12 day passes to visit with family or

attend university.

HOWEVER, ORDER LC 4- 277has provided an excuse for prison directors and employees of theRespondent to unreasonably and arbitrarily deny to foreign citizens I their case these and other rights or

possibilities available to Bulgarian citizens under the Law for the Execution of Punishments and the

Criminal Code.

IN FACT THESE STATISTICS WILL PROVE THE ALTERNATIVE TO BE TRUE, that officials of

the Respondent intentionally, and the Applicants believe some officials maliciously, are exercising their

official powers to deny to non-Bulgarian citizens any form of gainful employment or possibility to leave the

prison for a few hours or days at a time if that will result in their having contact with Bulgarian citizens

outside of the prison.

AND THAT AS A RESULT OF RESPONDENTS ORDER LC 4 277, and its instruction for

officials of the Respondent to anyone who is not a citizens ofBulgaria has been perverted to mean foreign citizens are intrinsically dangerous to Bulgarian citizens and

so have no right to day leaved or furlough [see letter 736 dated 26.01.2006 from the Ministry for Justice

Main Directorate Deputy Director Kostadinov and letter 264 dated 19.01.2006 Director for the Sofia

Central Prison Mr. Dimitar Raichev].

, 07.02.2006 .

shall not be given to those under hard severe and special regime.

(3) (new SG 34/74) To the deprived from liberty, who serve their penalty at prison hostels under art. 12a, the reward of

item f) shall be given for good behaviour and attitude to labour after serving, including the recognising of the working

days, at least three months of the term of the penalty.

(4) (prev. (3) SG 34/74) The time, during which the deprived from liberty has been in home leave, shall be recognised

as serving the penalty.

(5) (new SG 62/02) The leave of art. 74, para 1, items f), g) and h) and para 2 can be terminated by the respective

prosecutor or by the chief of the respective place for deprivation from liberty, about which the prosecutor shall be

immediately informed, when there are data, that there is danger the convicted to detract or to commit new crime.

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