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Quote: "The Mentally Ill or Disabled"

With few exceptions, material conditions in psychiatric hospitals and social care institutions for children and adults with developmental disabilities and mental illness were inhuman and degrading. 

There were numerous cases of arbitrary detention of mentally ill people in social care institutions across the country in violation even of the Bulgarian procedure. In effect, this usually amounted to lifelong deprivation of liberty without any judicial control but with an agreement between the local social assistance department and the resident’s guardians.

People continued to die as a result of bad living conditions and neglect. The BHC visits to several social care institutions revealed a very high mortality rate, with a peak in cold winter months. Death certificates were frequently found to be untrue, and were given to BHC monitors with reluctance, if at all. The prosecutor’s offices did not charge a single person with negligence, in spite of numerous requests from the BHC. 

In 2002, three years after the Varbanov v. Bulgaria decision by the European Court of Human Rights, no legislative changes were undertaken to bring domestic legislation on
compulsory treatment in line the ECHR. 

Placement in a psychiatric facility to establish the need for compulsory treatment was carried out with a prosecutor’s order for a period of up to one month (or up to three months in exceptional circumstances) without a psychiatric examination prior to this order being made. The draft Public Healthcare Act provides a satisfactory resolution these problems, but it had not been passed by the end of the year.

The European Court of Human Rights heard two other cases concerning compulsory
treatment in psychiatric hospitals: in the first case a violation of the right to personal liberty and 
security was established; the second case was declared admissible.

Detention in inpatient facilities for periods exceeding the legally determined period for
expert assessment was commonplace, and constituted illegal deprivation of freedom. The BHC 
registered cases of detention lasting months prior to a court hearing for compulsory treatment."


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