POLICE DETENTION

WHAT ARE THE BASIC RIGHTS OF TENANTS

Immediately after detention, the detained person is informed of the grounds for detention and is provided with a declaration of rights of a detained person (appendix No. 1), which contains information on the following rights:

1. right of access to legal protection from the moment of detention or

2. right to free legal assistance from an official lawyer in accordance with the Law on Legal Assistance;

3. right to information about the grounds for detention;

4. right to oral and written translation;

5. right to remain silent;

6. right to a telephone call to report his arrest;

7. the right to contact the consular authorities of the relevant country, in case he is not a Bulgarian citizen, as well as the right, at his request, to immediately notify the consular authorities of the country of which the detainee is a citizen, through the Ministry of Foreign Affairs; if the detainee is a citizen of two or more countries, he can choose the consular authorities of which country to be notified of his detention and with whom he wishes to make contact;

8. right to medical assistance;

9. right to information about the period of detention, which cannot be more than 24 hours;

10. right to appeal to the court the legality of the detention;

11. right to visits and right to receive parcels and food;

12. right to receive a copy of the detention order. (2) The detainee shall be given the opportunity to read the declaration of rights and shall be permitted to retain it throughout the period of detention.

13. The detained person fills out the declaration of rights in two copies, noting his intention to exercise or not to exercise his rights. The first copy of the declaration of rights is attached to the detention order for storage in the registry of the relevant structure of the Ministry of Internal Affairs, and the second copy is handed over to the detained person. The detainee's refusal to fill out a declaration is certified by the signature of one witness.

14. When the detained person is illiterate or is unable to read or fill out the declaration, it is read to him and/or filled out by an officer, and the declarations of will are dictated by the person himself in the presence of a witness who certifies their authenticity with a signature you are

15. The detained person has the right to appeal the legality of the detention before the district court at the seat of the authority. The decision of the district court is subject to a cassation appeal in accordance with the Administrative Procedure Code before the relevant administrative court.

16. The detained person is given the opportunity to use a lawyer's protection from the moment of his detention. An up-to-date list of lawyers on duty, maintained and provided by the Bar Council, as well as telephone numbers of the National Legal Aid Bureau and of a representative of the local Bar Council who is responsible for appointing a lawyer under the Act shall be posted in a conspicuous place in the accommodation of detained persons for legal aid.

17. The person on duty at the ODC/ODCH or the police authority that detained the person immediately informs the selected defender by telephone, and if the detained person declares an express desire to appoint a defender in accordance with the Law on Legal Aid, notifies the representative of the Bar Council of the request for legal assistance assistance, the data of the detained person, the reason for his detention and his condition.

18. The detained person has the right to refuse a defense counsel. Waiver of counsel is not final and may be withdrawn at any time by the individual. Withdrawal takes effect from the time it is made.

19. The person on duty at the OTC/ODCH or the police authority that detained the person is obliged to immediately notify the person named by the detainee about the detention.

20. When the detained person is a minor, his parent, guardian or other person who takes care of the minor shall be notified immediately, except in cases where this is contrary to the best interests of the child. The exact time and date of notification is reflected in the declaration.

21. When the detained person is a minor, the participation of a defender is mandatory regardless of the declaration of will made by the minor.

22. When the detained person is an unaccompanied foreign minor, the "Social Assistance" directorate of the minor's place of residence is notified.

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Attorney at law Iuila Danova

#3, Dobrotica Str., Varna, Bulgaria

Mob: +359 895 64 59 40

WWW: advokatvarna.com

Email: iulia.danova@abv.bg