Name of law Law amending and supplementing the law on the Ombudsman, the Name of the Bill a bill amending and supplementing the law on the Ombudsman, adopted 28/03/2012 number/year Official Gazette 29/2012 Decree No 148

On the grounds of art. 98, paragraph 4 of the Constitution of the Republic of Bulgaria

I DECLARE:

To be published in the Official Gazette the law amending the law on the Ombudsman, adopted by the National Assembly of the HLI 28 March 2012

Issued in Sofia on 5 April 2012

The President of the Republic: Rosen Plevneliev

Stamped with the State seal.

Minister of Justice:

Diana Kovatcheva

LAW

amending the law on the Ombudsman (official SG. 48 since 2003; amend., SG. 30 and 68 by 2006, 42/2009 and no. 97 of 2010.)

§ 1. In art. 6 make the following amendments and additions:

1. The current text becomes paragraph 1.

2. a para. 2:

(2) State and municipal authorities are obliged to provide information within 14 days of the request on places her under art. 28A, the conditions and the number of persons in them, as well as other information necessary for the performance of the Ombudsman's powers under Chapter IV "and". "

§ 2. In art. 19 the following amendments and supplements shall be made:

1. In paragraph 8. 1:

a) in paragraph 6, after the word "freedoms" a comma and add "including proposals for changes in the regulations";

b) in point 7, the words "a declaration of unconstitutionality of the law" are replaced by "the pronouncement from the Republic of Bulgaria concluded international treaties with the Constitution before their ratification, as well as the conformity of the laws with the generally recognised rules of international law and the international treaties to which Bulgaria is a party";

in the create new) item 8 and item 9 and 10:

8. provide opinions to the Council of Ministers and the National Assembly on bills that relate to the protection of human rights;

9. protecting the rights of the child with the measures provided for in this law;

10. make proposals and recommendations to the Council of Ministers and the National Assembly for the signing and ratification of international instruments in the field of human rights; "

(d)) the current item 8 becomes item 11.

2. a new paragraph. 2:

"(2) the Ombudsman shall perform the functions of a national preventive mechanism within the meaning of and in accordance with the Optional Protocol to the United Nations Convention against torture and other cruel, inhuman or degrading treatment or punishment, adopted on 18 December 2002 (ratified by law – SG. 34 by 2011), (SG. 52 from 2011). "

3. the Previous para. 2 and 3 become respectively al. 3 and 4.

§ 3. In art. 22, para. 2 make the following amendments and additions:

1. a new item 6: ' 6. the activities of the Ombudsman as the national preventive mechanism; ".

2. The former item 6 and 7 shall become item 7 and 8.

§ 4. In art. 24 is made the following changes and additions:

1. The current text becomes paragraph 1.2. Al is created. 2: "(2) complaints and signals to the Ombudsman can submit and representatives of legal persons established in the public interest, in which the object of which is the protection of human rights."

§ 5. A chapter four "a" with art. 28A-28 (e):

"Chapter four" a "

NATIONAL PREVENTIVE MECHANISM

Art. 28. (1) the powers of the Ombudsman as the national preventive mechanism apply to places where persons are deprived of their liberty, or where they are detained or accommodated persons as a consequence of the Act or with the consent of the public authority, which places they may not leave of their own free will, for the purpose of the protection of such persons from torture and other cruel, inhuman or degrading treatment or punishment.

(2) the Ombudsman shall have the right:

1. access without notice at any time to all places of detention under para. 1 and to their facilities and objects;

2. the access to all the information on the number of persons deprived of their liberty in places of detention in al. 1, as well as the number of places and their location;

3. to choose the places under para. 1 who wants to visit and the persons with whom you wish to converse;

4. to conduct private conversations without witnesses with persons deprived of their liberty, either in person or through an interpreter, if necessary, as well as with any other person who, according to the Ombudsman as a national preventive mechanism can provide the relevant information;

5. access to all information relating to the referral of persons referred to in para. 1 and the conditions in places of detention;

6. to request information from officials of the visited place of detention to hold lectures, as well as to conduct a personal talk with any other person who is in the territory of the inspected object;

7. to organize the conduct of medical examinations of persons with their consent.

(3) the officers and officials in places under para. 1 are obliged to provide assistance and to provide the necessary information to the Ombudsman.

Art. 28B. (1) the authority or official may not apply ranks, authorise or allow any penalty in respect of a person or organization that are communicated to the Ombudsman as a national preventive mechanism information, whether true or not, and no such person or organization may not suffer injury because of this.

(2) Confidential information collected by the Ombudsman as a national preventive mechanism could not be disclosed. Personal data may be published only after the person concerned has expressed its explicit consent.


Art. 28. the Ombudsman as a national preventive mechanism may, with orders to delegate its powers in whole or in part under art. 28 and the officials of his administration.

Art. 28. (1) after each visit, the Ombudsman shall prepare a report that may contain recommendations and suggestions in order to improve conditions in places of art. 28A, attitudes towards persons housed there, as well as for the prevention of torture and other cruel, inhuman or degrading treatment or punishment.

(2) the report shall be provided to the competent authority within one month is required to inform the Ombudsman of the action taken in implementation of the recommendations.

(3) the Ombudsman published and annual reports related to his activities as a national preventive mechanism, subject to the requirement of art. 28 (b), para. 2.

Art. 28 (e). the Ombudsman as a national preventive mechanism shall cooperate with the relevant bodies and mechanisms of the United Nations, the Association of citizens, as well as with international, regional and national organizations, whose activity includes ensuring the protection of persons from torture and other cruel, inhuman or degrading treatment or punishment. "

Transitional and final provisions

§ 6. Within one month from the entry into force of this law, the Ombudsman shall submit for approval in the National Assembly the appropriate changes in the staff regulations of the Organization and its activities.

§ 7. This law shall enter into force one month after its publication in the Official Gazette.

The law was adopted by 41-Otto National Assembly on 28 March 2012 and is stamped with the official seal of the National Assembly.

President of the National Assembly Tsetska Tsacheva:

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