Convoying persons – a comparative analysis of the regulation in the Republic of Bulgaria and the draft Instruction for the organizacion and procedure for convoying the convoy activity by the General directorate „Security” Cover Image
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Конвоирането на лица – сравнителен анализ на нормативната уредба в Република България и проекта за Инструкция за организацията и реда за осъществяване на конвойната дейност от Главна дирекция „Охрана”
Convoying persons – a comparative analysis of the regulation in the Republic of Bulgaria and the draft Instruction for the organizacion and procedure for convoying the convoy activity by the General directorate „Security”

Author(s): Denitza Mitrova
Subject(s): Law, Constitution, Jurisprudence, Criminal Law, EU-Legislation, Administrative Law
Published by: Съюз на юристите в България
Keywords: convoy; detainees; means of restricting movement; conditions in detention/convoy premises; rules; standards; belongings

Summary/Abstract: An important year for the escorting of detained persons is 2019, when the Law on the Execution of Sentences and Detention in custody introduces special rules that apply only to places of deprivation of liberty and the Decision of May 2 in the case „Vetsev v. Bulgaria “of the ECHR. The court in Strasbourg, in the said decision, accepted that a violation of Art. 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, as "the national authorities refused the applicant's request to attend the funeral of his brother on the grounds that such a possibility was not contained in the national legislation...". This lacuna in the regulatory framework was removed only in 2022, when the corresponding addition to the Judicial System Act was adopted, in the part regulating the functions and powers of the General Directorate "Security" under the Ministry of Justice. The rules of conduct in the performance of this specific activity are regulated in by-laws, the unifying factor between which is a specific category of persons. The article analyzes the normative decisions regarding identical rules of conduct regarding the concept of "convoying", the categories of escorted persons, use of handcuffs, admissible belongings during convoying and requirements that detention facilities must meet.

  • Issue Year: 2022
  • Issue No: 10
  • Page Range: 24-46
  • Page Count: 23
  • Language: Bulgarian