The US report on human rights in Bulgaria: Corruption and problems with the independence of the judicial system – Politics – Bulgaria – NOVA News

Torture, cruel, inhuman or degrading treatment and punishment, serious problems with the independence of the judiciary and corruption in government. These are part of the conclusions of the report on Bulgaria of the United States Department of State on human rights for the year 2023.

The document says there is credible evidence of crimes and violence motivated by anti-Semitism, as well as crimes against homosexuals. The report does note, however, that the government has taken steps to identify and punish officials who may have committed human rights abuses. According to Washington, however, these actions have often been insufficient.

The document notes that there are no reports of disappearances involving government agencies. However, there are credible reports that government officials have used torture and other forms of cruel, inhuman or degrading treatment or punishment and other related abuses. The law prohibits punishment through physical suffering or degrading treatment and requires law enforcement agencies to respect the honor and dignity of citizens. In August, the National Assembly passed an amendment criminalizing the torture of criminal suspects in order to extract a confession. According to the State Department, there are credible reports that prison and police authorities have subjected detainees to cruel and degrading treatment in order to extract information, obtain confessions, or punish persons suspected of committing a crime.

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Conditions in some prisons and detention centers are poor, but NGOs have noted positive changes in others. Overcrowding in some detention facilities, allegations of corruption among prison staff, and inadequate sanitary, living and medical conditions were reported.

The Constitution and the law prohibit arbitrary arrest and detention and provide for the right of any person to challenge the legality of his arrest or detention in court. The government generally complied with these requirements, but there were occasional reports of arbitrary arrests and detentions, the report said.

The Constitution and law provide for an independent judiciary, but corruption, inefficiency and lack of accountability are serious problems that affect the independence and impartiality of the judiciary, the State Department believes. “The independence of the judiciary was compromised and public confidence in the judiciary remained low as magistrates were susceptible to political pressure,” the report said.

The law in Bulgaria provides for the right to a fair and public trial. The court system generally enforces it. According to human rights organizations, the law contains low standards for a fair trial, which creates opportunities for violations of the procedural rights of lawyers and defendants.

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Freedom of expression is also provided for, including for members of the press and other media, and the government generally respects this right. However, there are legal and practical limits to freedom of expression. Corporate and political pressure, an inefficient and corrupt judiciary and the government’s non-transparent management of media support resources (including EU funds) have seriously damaged media pluralism, the State Department says.

Freedom of expression. People generally enjoy being able to criticize the government and discuss issues of public interest without official repression. The law provides for imprisonment of one to four years for using and inciting “hate speech”, defined as incitement to discrimination or violence based on race, ethnicity, nationality, religion, sexual orientation, marital status, social status or disability . Laws restricting “hate speech” apply to print and other media.

The law also provides for freedom of internal movement, travel abroad, emigration and repatriation. The Government of Bulgaria generally respects these rights. Our authorities have cooperated with the Office of the United Nations High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to refugees, returning refugees or asylum seekers, as well as other concerned persons.

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The law provides for criminal penalties for corruption by officials, but NGOs have reported that the government does not enforce the legislation effectively. During the year there were numerous reports of serious corruption in the state administration.

The European Commission’s report on the rule of law, published on 5 July, notes partial progress in improving the independence of magistrates, taking into account changes to the law adopted on 26 May, which prevent the secondment of prosecutors and investigators, but not of judges, for an indefinite period of time. The commission expressed concern that the existing power of administrative heads to take decisions on secondment and its termination “may create situations of dependency, which in turn risks affecting the independence of the judiciary”. According to the report, the Supreme Judicial Council, which is a self-governing body, is susceptible to political influence in the selection of its members.

In its July report, the European Commission acknowledged that the new anti-corruption legislation was a positive step, but noted a “continuing problem” with low effectiveness of investigations and poor results in prosecutions and final convictions in high-level corruption cases. She also claims that there are serious legal gaps in the integrity of senior executive positions, such as “those employed in the private offices of ministers”.

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