Prohibition of inhuman and degrading treatment / police brutality in detention /
According to Article 3 of the European Convention on Human Rights states that '' No one shall be subjected to torture or to inhuman or degrading treatment or punishment. ''
Over one third of detainees by Interior Ministry officials were victims of abuse by uniformed himself in custody in police stations or in custody.
This is the main conclusion from the largest study of police violence carried out so far by the Bulgarian Helsinki Committee (BHC) among 1691 prisoners in a total of 29 places of detention in the country.
A total of 27.6 percent of all respondents said they were victims of violence by uniformed. The largest part - 21.8 percent of them were mistreated during interrogation at the district police upralveniya and 15.5% - still in detention.
Acc. MIA
I. In the performance of his duties, the police authorities may use physical force and auxiliary means only when absolutely necessary at:
1. resistance or refusal to obey a lawful order;
2. arrest of an offender who disobeys or resists the police authority;
3. escorting a person or tries to escape, to take his own life or the life and health of others;
4. assistance to other state bodies or officials, including inspectors from the European Commission, which illegally prevented from performing their duties;
5. attacks against civilians and police authorities;
6. release of hostages;
7. group violations of public order;
8. attacks on buildings, premises, equipment and vehicles;
9. release of illegally occupied sites, if they are ordered by the competent authority;
10. take measures to ensure personal safety of Art. 75 para. 2.
Aids are: handcuffs, straitjackets, batons and appliances; chemicals approved by the Minister of Health; working animals - dogs and horses; blanks, rubber bullets, plastic bullets and stun; devices for emergency stopping vehicles; openers rooms, light and sound devices diverting effect; water or air jet machines; armored vehicles.
II. Physical force and auxiliary means used after warning except in cases of sudden attack and release of the hostages.
(2) The use of physical force and auxiliary means respecting the specific situation, the nature of the breach of public order and the personality of the offender.
(3) In cases of art. 85 police only use absolutely necessary force.
(4) The use of physical force and auxiliary means police authorities take all measures to protect the life and health of persons against whom they are directed.
(5) The use of physical force and auxiliary means shall be suspended immediately after achieving a legitimate aim.
(6) The use of physical force and auxiliary means in terms of visible minors and pregnant women. The ban does not apply to cases of riot, when exhausted all other means.
(7) The use of life-threatening force to arrest or prevent the escape of a person committing or has committed a violent offense if the person does not pose a danger to life and health of others.