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Desislava Akhladova
They could not go to the cemetery, but only to the hospital, it is clear from his answer to Judge Miroslava Todorova. He published an open letter to the Minister of Justice, Desislava Ahladova
Justice Minister Desislava Ahladova ordered inspections at the General Directorate of Security and the General Directorate for the Execution of Sentences, the Ministry of Justice announced.
The reason is the open letter published by Judge Miroslava Todorova to the Minister of Justice “on the occasion of the violation of the right to respect for the private life of a detainee by the state structures established under the Ministry of Justice and state support” .
In it, Judge Todorova said that the two institutions refused to accompany a detainee to the funeral of his mother, who died of a coronavirus, so the man could not say goodbye to his father.
Minister Ahladova also ordered the Directorate “Procedural Representation of the Republic of Bulgaria before the European Court of Human Rights” to prepare an analysis of the decision of the European Court of Human Rights in the case “Vetsev v. Bulgaria”, specifying the need of legislative changes related to it, the department said.
It’s about the following.
The man has been detained for a sentencing process against him in Albania. The judge presenting the case is Judge Miroslava Todorova.
She received a request from the detainee to be allowed to attend her mother’s funeral on December 5, 2020. The woman died after COVID-19 on November 24, 2020.
Judge Todorova gave the man permission to attend. They would accompany him to the central cemetery in Sofia.
Bulgaria was once convicted in a Strasbourg court for refusing. In the case of Vetsev v. Bulgaria, our country was sanctioned because a prisoner was not released at his brother’s funeral and his request to send his relative was not considered by a court.
Judge Todorova ruled: his AGD from 1.30 pm on 5.12.2020 until the end of the mourning ritual ”. This is clear from your open letter.
The court act is from December 3, 2020 and a transcript was sent to the court guards in Sofia.
A day later, the Sofia prison sent a letter to the Sofia city court stating that it was not within their jurisdiction to accompany the man to the cemetery, because they had the right to do so only if he went to the hospital.
The court ruling and the criminal’s response were immediately sent to the head of the General Directorate for the Execution of Sentences (GDIN).
Later that day, the Sofia City Court received a response from the director of the Sofia Judicial Guard: “According to art. 391, para. 3, point 6 of the JSA, DG Security escorts defendants and defendants for whom a containment measure is requested or has been ordered, or persons serving sentences in places of prison, to the judicial authorities. In this case, the Central Cemetery of Sofia is not a judicial body and you must send your order to another competent body. “
Thus, on December 5, the man did not attend his mother’s funeral.
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