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Welcome to the EuroPris Knowledge Management System. The table below shows questions and responses from European National Agencies. Select a question for more information or use the filters on the left to narrow down questions based on Agency or Category.
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Introduction: In recent months, the system of execution of sentences in Bulgaria has gone through series challenges, requiring a number of measures such as stepping up monitoring and surveillance, in-depth risk assessment, changing work patterns, better staffing and also including limiting access of external persons to prisons. All these activities guarantee security both in prisons and society and are not in contradiction with Bulgarian legislation and European recommendations and practices. In this regard, the General Directorate “Execution of Sentences”, Bulgaria is interested in procedures and practices of the similar organisations in Europe regarding the access of media to their prisons, detention facilities and inmates.
yes
If yes, in what way and how this is legally regulated in your country?Yes. We have two possibilities of such access. Each inmate could request for permission to contact the media. It is the governor decision to approve this. The decision is put submit to personal prisoner sentence file. Other possibility is that media ask for contact. Prisoner is asked if he/she agrees with the contact and later on it is approved in case of positive response by the prisoner. There are different forms via telephone, mail or via visit. In our Enforcement of Criminal Sanctions Act we have Article 73 which gives frame of legal regulation: (5) »Convicted persons shall be allowed to have contact with the media unless there are good reasons to prevent such contact because of security issues, protection of public interest or preservation of the integrity of victims, other convicted persons or administration staff.« In the Rules on the enforcement of punishments of imprisonment we have Article 70 which wider explains contact with the media: “(1) A convicted person’s contact with the media shall be approved by the prison governor and established through correspondence, visits or phone calls. According to these Rules, the media include media entered in the register at the ministry of culture. (2) The decision-making process regarding the convicted person’s contact with the media shall be initiated upon the request of the convicted person or on the initiative of the media. (3) When deciding upon the ban on the convicted person’s contact with media, the assessment of safety, public interest protection or protection of the integrity of victims, other convicted persons and the administration staff shall be carried out in relation to: the purpose of the contact, the safety assessment of the convicted person, possible pending criminal proceedings, pending appeal proceedings according to the Act governing the enforcement of penal sanctions, the regime of serving the punishment of imprisonment, attitude to the committed criminal offence, attitude to the punishment and the importance of the contact for the public opinion. (4) The decision regarding the convicted person’s contact with the media shall be recorded into their personal file. The prison shall notify the head office of the decision. (5) If the decision-making process on the convicted person’s contact with the media commences on the initiative of the media, the contact shall not be approved without a prior written consent of the convicted person.”
Who makes the decision in admitting journalists in places of deprivation of liberty?Director of each facility has the right to provide allowance or prohibit access of journalist based one of the reasons mention in legislation above.
Do you refuse access for journalists in places of detention and for what reason?As it is written in the Enforcement of Criminal Sanctions Act Art 73 we refuse access »if there are good reasons to prevent such contact because of security issues, protection of public interest or preservation of the integrity of victims, other convicted persons or administration staff«
Do you have any rules that regulate the restriction or prohibition to acquire information about third parties/persons (inmates or employees) that can be considered confidential?We do not have such rules.
yes
If yes, in what way and how this is legally regulated in your country?The Corps of Prison and Court Guard (hereinafter only “the Corps”) is not authorized to provide information on inmates to the media representatives without their consent (sec. 65 letter a) of the Act No.4/2001 Coll. on the Corps of Prison and Court Guard (hereinafter only “the Act No.4/2001 Coll.”)). The same conditions applies to possible correspondence, respectively visits of the inmates with media representatives as to other civilians (Act No. 475/2005 Coll. on Prison Sentence Execution, as amended). Prison Governor or Director General of the Corps is authorized to decide in the case of making reportage, filming or making photographs depending on the targeting content (sec. 55 of the Act. No. 4/2001 Coll.).
Who makes the decision in admitting journalists in places of deprivation of liberty? Do you refuse access for journalists in places of detention and for what reason? Do you have any rules that regulate the restriction or prohibition to acquire information about third parties/persons (inmates or employees) that can be considered confidential?In the case of requests for making reportages from the prison environment, it is a facultative possibility when all relevant circumstances and at the same time possible negatives are closely considered. Therefore, it is not legally stipulated and guaranteed right of inmate or media representative in the context of the right to information. Prison facilities where pre-trial detention and prison sentence are executed, given the nature of these two, require an adequate security measures observance of which minimizes the possibilities for entrance of civilians in its premises and the realization of your requested intention. Despite of this fact, in unique and particularly justified cases, the Corps allows to film in the premises of the prison facilities, however solely in relation to convicts and only with connection with the realization of thematic reportages whose subject is especially presentation of the treatment process with convicts, such as education, employment, cultural and awareness raising activities, etc. However, it is not individual reportages with convicts selected directly by the media representatives (more precisely reportages on the basis of requests of particular convict) and thereby creating a media space for the possible individual presentation of “subjective“ truth about him/her and his/her criminal activity, respectively questioning a final decision of the court about guilt or innocence. Mentioned practice is implemented uniformly and on long-term basis in relation to all mass media representatives. In the terms of making reportages with pre-trial detainees, the standpoint of the Corps is strictly negative even in relation to any reportages from the pre-trial detention environment and that especially with respect to the nature and purpose of this restraining institute for the needs of law enforcement authorities and courts.
yes
If yes, in what way and how this is legally regulated in your country?In the spirit of transparency, the GD Penitentiary Institutions opens the doors of its institutions to the media. But there are a few conditions. The GD Penitentiary Institutions only allows reports that are directly related to a prison theme. It can be general issues (overcrowding, security, duties of the staff, everyday life...), specific projects (training courses, reception of certain categories of detainees like addicts or sexual offenders...) or totally distinct topics (concerts, theatre plays...). As a rule, the GD Penitentiary Institutions only collaborates with professional journalists who work for purely informative broadcasts. Conducting an interview with a detainee is only allowed in the framework of a report on a prison theme. If the report is directly related to the detainee’s individual file, no authorization will be granted, except in very exceptional circumstances. This rule does not prevent the journalist from keeping up a written correspondence with detainees. Basic law of 12 January 2005 concerning the prison system and the legal position of detainees. Section VII – Contact with the media…Art. 70
Who makes the decision in admitting journalists in places of deprivation of liberty?The governor, with prior authorization from the minister. (Art. 70)
Do you refuse access for journalists in places of detention and for what reason?No, as long as it is consistent with the maintenance of public order and security, the morality, the protection of the rights and freedoms of others and the respect for victims of crime. (Art. 70)
Do you have any rules that regulate the restriction or prohibition to acquire information about third parties/persons (inmates or employees) that can be considered confidential?Conducting an interview with a detainee or a staff member is only allowed in the framework of a report on a prison theme. If the report is directly related to the detainee’s individual file, no authorization will be granted, except in very exceptional circumstances. This rule does not prevent you from keeping up a written correspondence with detainees.
yes
If yes, in what way and how this is legally regulated in your country?73.—(1) This rule applies to a person who visits, or seeks to visit, a prisoner (a) as a media representative in a professional or vocational capacity; or (b) in circumstances where the person’s visit is wholly or partially connected with the purposes of journalism, broadcasting or publishing. (2) A Governor may permit visits to prisoners by persons to whom this rule applies only in exceptional circumstances and where satisfied that it is appropriate to permit such a visit. (3) If the Governor intends to permit a visit to a prisoner for the purposes mentioned in paragraph (1) the Governor must require the visitor, before being admitted to the prison, to give a written undertaking to the effect that the visitor shall not (a) begin any interview, take any photographs or conduct any filming or sound recording, except with the express prior consent of both the prisoner and the Governor; (b) conduct any such interview, take photographs or conduct filming or recording except in accordance with such other conditions as the Governor may specify; (c) make any payment or gratuity to the prisoner or any other person in relation to the holding of the interview or any material obtained at it; (d) use any material obtained at the interview, or any photographs, films or recordings so taken, for professional or vocational purposes and in particular for broadcast or use on, or transmission by, any form of electronic medium by the person or anyone else except in accordance with the prior written consent of the Governor and subject to and in accordance with such conditions as the Governor may impose; or (e) use any material obtained at the interview, or any photographs, films or recordings so taken, for professional or vocational purposes and in particular for publication or use in any form of written medium by the person or anyone else except in accordance with the prior written consent of the Governor and subject to and in accordance with such conditions as the Governor may impose. (4) A visit to a prisoner in terms of this rule may only take place in such area of the prison as the Governor may specify and must take place (a) within the sight of an officer; and (b) within the hearing of an officer.
Who makes the decision in admitting journalists in places of deprivation of liberty?Refer to Q2
Do you refuse access for journalists in places of detention and for what reason?Refer to Q2
Do you have any rules that regulate the restriction or prohibition to acquire information about third parties/persons (inmates or employees) that can be considered confidential?SPS complies with General Data Protection Regulation 2018
no
If yes, in what way and how this is legally regulated in your country?n/a
Who makes the decision in admitting journalists in places of deprivation of liberty?Prison director
Do you refuse access for journalists in places of detention and for what reason?n/a
Do you have any rules that regulate the restriction or prohibition to acquire information about third parties/persons (inmates or employees) that can be considered confidential?Order on the Approval of the Procedure for Providing Information to Producers and Disseminators of Public Information of the Director General of the Prison Department
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This content is only available to registered members of EuroPris.
yes
If yes, in what way and how this is legally regulated in your country?There are no unified regulations. Inmate communication in such cases is regulated by several normative acts. E.g., Section 49 of The Sentence Execution Code of Latvia "Correspondence, Telegrams and Telephone Conversations of Persons Sentenced with Deprivation of Liberty", Convicted persons shall be permitted to send and receive letters and telegrams without restriction as to their number. The administration of the deprivation of liberty institution shall issue the letters and telegrams addressed to convicted persons to them, as well as send their letters and telegrams to the addressees not later than within three days from the day when the letter or telegram was received or handed over. Letters and telegrams addressed to convicted persons and to be sent to their addressees may be seized if: 1) their content endangers the objectives of execution of the sentence, safety of the deprivation of liberty institution and the procedures determined therein; 2) forwarding of the content thereof might promote committing of an offence subject to a criminal or administrative punishment; 3) they may jeopardise the rights and interests of another person, protected by law; 4) the purpose of the correspondence is the exchange of information between convicted persons who have jointly committed a criminal offence. The letters and telegrams seized shall be registered and stored by an employee of the institution responsible for the censoring of correspondence. Convicted persons shall be permitted to have such number of telephone conversations at their own expense or at the expense of the addressee as is determined in the relevant type of deprivation of liberty institution and corresponds to the level of the sentence serving regime. Telephone conversations, except telephone conversations with an advocate, shall be controlled. Section 15 Part 3 of the Law On the Procedures for Holding under Arrest "Submissions of Arrested Persons", (3) The correspondence of an arrested person with institutions of the State and international human rights institutions, the Human Rights and Public Affairs Committee of the Saeima, the Prosecutor's Office, courts, advocate, person directing the proceedings, as well as the correspondence of an arrested foreign citizen with the diplomatic or consular mission of his or her residence country or the diplomatic or consular mission of such country, which is authorised to represent his or her interests, shall not be subject to control and shall be sent using the funds of the investigation prison.
Who makes the decision in admitting journalists in places of deprivation of liberty?Director General of the Latvian Prison Administration.
Do you refuse access for journalists in places of detention and for what reason?The information gained during investigation process is classified as confidential. Director General of the Latvian Prison Administration can grant access for journalists to pre-trial imprisonment places only with the agreement from the person directing the proceedings and agreement from the imprisoned person.
Do you have any rules that regulate the restriction or prohibition to acquire information about third parties/persons (inmates or employees) that can be considered confidential?There is no unified normative act; the rules are included in other normative acts, such as, Personal Data Processing Law, Labour Law, The Commercial Law, Criminal Procedure Law.
no
If yes, in what way and how this is legally regulated in your country? Who makes the decision in admitting journalists in places of deprivation of liberty?The Central Office of the Directorate for Prison System and Probation of the Ministry of Justice is competent to approve the visit of the media.
Do you refuse access for journalists in places of detention and for what reason?This issue is not within the jurisdiction of the Directorate for Prison System and Probation of the Ministry of Justice.
Do you have any rules that regulate the restriction or prohibition to acquire information about third parties/persons (inmates or employees) that can be considered confidential?Pursuant to the provisions of the Law on Execution of Prison Sentences the data from the staff and other information that employees know during the execution of imprisonment are an official and professional secret. Access to these data is allowed to the prisoner, to prison manager, to authorized officials according to their jobs and duties of their civil service and persons authorized to supervise the work of the penitentiaries and prisons. A prisoner may be denied access to recorded data in individual expert observations and opinions of authorized official persons. Furthermore, insight into personal data on the basis of the approval of a prison manager can also be performed by bodies of the interior ministry within their legal authority for the detection and prevention of criminal offenses.
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