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Bulgaria: Recourse available to those with a complaint of police inaction in response to crimes, harassment or discrimination; organizations that would be of assistance in such cases (January 2003 - August 2005)

Reports indicated that complaints of police misconduct were filed with a prosecutor's office (BHC Apr. 2005; Country Reports 2004 25 Feb. 2005, Sec. 1.c) that appears to be under the jurisdiction of the Ministry of the Interior (MOI) (ibid.). According to Country Reports 2004,

[t]he MOI is responsible for oversight of internal law enforcement including activities of the National Police, the National Service for Combating Organized Crime (NSBOP), the National Security Service (civilian domestic intelligence), the National Gendarmerie Service (paramilitary police), and the Border Police. Public order services, such as the National Intelligence Service and National Bodyguard Service, were not subject to adequate judicial, executive, or legislative oversight of their activities or budgets. Impunity remained a problem; problems of accountability inhibited government attempts to address police abuses (25 Feb. 2005, Sec. 1.d).

In a 2 September 2005 telephone interview with the Research Directorate, the director of the Bulgaria Helsinki Committee (BHC) provided the information in the following paragraph.

If a person has a complaint of police inaction, they can turn to the Prosecutor's Office. Their success will depend on the individual case and subject matter. Some groups are more affected by police inaction, particularly Roma, but also Macedonians and ordinary criminals. The police inspectorate of the Ministry of the Interior is another avenue of recourse in cases of police inaction.

The BHC also offers recourse to individuals with complaints of police inaction, and has helped many individuals in this situation, sometimes taking cases all the way to the European Court of Human Rights (BHC 2 Sept. 2005). The BHC organizes civil lawsuits against the police in some cases, in addition to providing legal aid in a few cases (BHC n.d.). However, the BHC cannot guarantee the success of every case it takes (BHC 2 Sept. 2005). Furthermore, since it is based in Sofia, those living elsewhere have a difficult time obtaining the assistance of the BHC, although they can contact the organization by telephone or electronic mail (ibid.).

In cases of police abuse, the BHC typically turns to the prosecutor's office, as the police inspectorate and police chief are not seen as very effective (ibid).

Bulgarian Lawyers for Human Rights (BLHR) is another organization that has gone to court in Bulgaria to represent clients claiming to be victims of human rights violations (HRI n.d.).

Although the Bulgarian parliament missed a legislatively mandated deadline to appoint an ombudsman, as required by the Ombudsman Act (BHC Apr. 2005; CSD May 2004; Country Reports 2004 25 Feb. 2005, Sec. 4), on 13 April 2005, Ginyo Ganev was appointed the first national ombudsman in Bulgaria's history (SNA 13 Apr. 2005; AP 13 Apr. 2005). Ganev was appointed for a five-year term (AP 13 Apr. 2005; SNA 13 Apr. 2005). According to the Associated Press (AP), the previous absence of a national ombudsman meant that Bulgarians could seek protection or redress from government abuse only by taking their cases to court (13 Apr. 2005). For further information on the ombudsman's mandate and powers, see Article 2 and Article 19 of the Law on the Ombudsman provided as an electronic attachment to this Response.

Information on the response of Bulgarian ombudsmen to police inaction could not be found among the sources consulted by the Research Directorate within time constraints. However, in a 2 September 2005 telephone interview with the Research Directorate, the director of the BHC indicated that in his view the ombudsman had no real authority. Since the appointee to the post of national ombudsman is, in his opinion, inexperienced in matters of human rights, his organization does not rely on the institution of ombudsman in cases of police inaction or police brutality in Bulgaria.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of additional sources consulted in researching this Information Request.

References

Associated Press (AP). 13 April 2005. "Leftist Lawmaker Elected Bulgaria's First Ombudsman." (Dialog)

Bulgarian Helsinki Committee (BHC). 2 September 2005. Telephone interview with the Director.
_____. April 2005. Human Rights in Bulgaria in 2004. Annual Report of the Bulgarian Helsinki Committee. <http://www.bghelsinki.org/frames-reports.htm> [Accessed 30 Aug. 2005]
_____. N.d. "Activities." <http://www.bghelsinki.org/frames-activities.html> [Accessed 30 Aug. 2005]

Bulgarian National Radio (BNR). 11 October 2004. Tatyana Obretenova. "Angel Stefanov, Sofia's Newly Elected Ombudsman." <http://www.bnr.bg/radiobulgaria/emission_english/theme_profiles/material/sofia+ombudsman.htm> [Accessed 29 Aug. 2005]

Center for the Study of Democracy (CSD). May 2004. No. 3. "The Long Way of the Emerging Ombudsman Institution in Bulgaria." <http://unpan1.un.org/intradoc/groups/public/documents/UNTC/UNPAN017116.pdf> [Accessed 30 Aug. 2005]

Country Reports on Human Rights Practices for 2004. 25 February 2005. "Bulgaria." United States Department of State. Washington, DC. <http://www.state.gov/g/drl/rls/hrrpt/2004/41674.htm> [Accessed 30 Aug. 2005]

Human Rights Internet (HRI). N.d. "Bulgarian Lawyers for Human Rights." <http://www.hri.ca/organizations/viewOrg.asp?ID=5370> [Accessed 26 Aug. 2005]

Sofia News Agency (SNA). 13 April 2005. "Bulgaria Picks First National Ombudsman." <http://www.novinite.com/view_news.php?id=46674> [Accessed 29 Aug. 2005]

Additional Sources Consulted

The Bulgarian Helsinki Committee (BHC), Bulgarian Lawyers for Human Rights, and the Directorate of National Police Service of Bulgaria did not respond to requests for information within time constraints.

Internet Sites, including: Amnesty International (AI), British Broadcasting Corporation (BBC), European Country of Origin Information Network (ECOI), Freedom House, Human Rights Watch (HRW), International Helsinki Federation (IHF), Ministry of Interior of Bulgaria, Ombudsman Information Network, Radio Free Europe/Radio Liberty (RFE/RL), Sofia Echo, World News Connection (WNC).

Attachment

Bulgaria. 23 May 2003. Articles 2 and 19 of the Law on the Ombudsman. Translation provided by the Ombudsman Information Network. <http://www.anticorruption.bg/ombudsman/eng/legframe_eng.htm> [Accessed 30 Aug. 2005]