The Sofia City Administrative Court awarded Bilyana Petrova compensation of 15,000 euros for non-pecuniary damage suffered by her while she was detained for a year in custody at the “M-p Bekilski“ No. 2“ in the capital on charges of seeking and receiving a bribe from her and Desislav Ivanchev, reports "De facto".
The compensation is due from the Main Directorate “Execution of Sentences“ (GDIH) to the Ministry of Justice.
This is just one of Bilyana &Pietrova's complaints about the humiliation she was subjected to during the trial between the two. In this particular case, the period of their detention in the capital's detention center under the pre-trial detention center from 2018 to mid-2019.
For the damages caused to her by the conditions in the detention center on ul. “M-p Beċilcĸi“ No. 2 in Sofia, Bilyana &Piĸetrova filed a claim for compensation of 30,000 euros with the Main Directorate “Execution of Sentences“ (GDIH) and the Main Directorate "Okshpan" at the Ministry of Justice. Ivancheva also has a similar complaint, but there has been no ruling on it yet.
Since the court's reasons are not yet public, it can be judged from the admitted complaint that the arrest of &Pietrova, and also of Ivancheva, served as torture, and not as a legal restriction of freedom on charges of a crime.
For a year, the prisoners lived in a room whose ceiling was falling down continuously and the dust was It was scattered like flour and got into food, drinks and air. Everywhere there was mold, mildew and moisture that had taken over the cells. There was a leak from the upper floor, soaking the walls and parts of Petrova's bed, there were dirty pillows, unwashed sheets, mattresses in a dilapidated condition, as is clear from the complaints of the two women.
There was not enough air, the ventilation system did not work, with 3-4 women living in the cell, breathing was difficult. From the darkness in the room, the yellow walls in the room, the poor conditions and the general stay in detention, the plaintiff was in an anxious-depressive state, depressed, had decreased appetite, disturbed sleep, a feeling of guilt towards loved ones, anxiety, headaches. She had an exceptionally large number of cockroaches, fleas and bedbugs, causing itching, rashes and allergic reactions, it is written in the complaint.
The toilet was not separated from the cell, with a low screen 80 cm from the toilet and when it was used, the beds in the cell were visible. Dirty water flowed from the ceiling in the bathroom, there was no shower for bathing, there was no time and conditions for washing, so they washed in the room. They were allowed to lie down in the cell on improvised spaces made of nylon bags or on the bed.
Like Ivancheva, Bilyana Petrova, when taken to the hospital, was also immobilized with a belt on her back and her hands were fixed with handcuffs to it, as well as with handcuffs on her arms (ropes). ΠBecause of the stairs, climbing and slipping on the stairs has led to pain and injury to the ankles. In this degrading state, the plaintiff was seen by other patients in the clinic corridor.
ΠOn one of her visits to the hospital, the examination required a gallbladder ultrasound, but even at that moment she had to remain handcuffed to the chair, while one or two guards were present throughout the entire examination.
In continuation of for five months, the arrested women were not given any access to the first time in the big hat.
Apectants were the object of surveillance by men. One of the two installed spy cameras was located directly next to the toilet and two of the beds, while the other looked at the other two beds in the cell, the complaints also state.
The strip searches were carried out upon each entry into the prison. Such searches were carried out: during the trip to inspect the measures for non-defection, familiarization with the materials in the case, presentation of materials from the boring production, informing about visits to external doctors, in some cases daily. Strip searches were carried out after seeing relatives, despite the lack of physical and direct contact (through glass) and with lawyers, although materials in the case were exchanged. It is estimated that dozens of strip searches were carried out, the complaint states.
They were carried out in a room – the so-called “snatching room” (a room with a domestic character with a mirror, where men have the opportunity to rush) on the second floor of the prison building on M. Bekilkski Street, and during off-hours - also in the visiting room on the first floor. Usually, Ivancheva and &Pietrova were searched together in the room at the same time, including when they were stripped of their underwear and knelt down.
Following the filing of the indictment in court and their detention in the prison in Sliven, Bilyana &Pietrova and Desislava Ivancheva for the first time discovered significant differences during the searches.
Upon entering the prison in Sliven Their search was carried out in a radically different manner than the capital's arrest, with apparently strict procedure - they were instructed to take off their underwear and hand it to a woman, but she was standing with her back to them and did not look at them naked. So they understood that they could have a lawful search without degrading treatment. They also understood that they should be provided with a search report and have the right to write objections.
Bseki is obliged to repair the damage that was culpably caused by another person, according to the general rule of the law on obligations and contracts, argues lawyer Alexander Kashamov regarding Petrova's complaint. According to the Constitution, the state is liable for harm caused to citizens by the actions and inactions of state bodies. The Law on the Execution of Sentences also stipulates that the state is liable for harm caused to persons deprived of their liberty and detained in custody, he motivated the request of &Pietrova.
For the non-pecuniary harm suffered in the capital's detention center, the ACCG awarded Bilyana Petrova 8,300 euros. The compensation was awarded together with the statutory interest, which currently amounts to 5,200 euros. Together with the costs and attorney's fees, the amount owed by the state is 14,900 euros.
The court dismissed the claim in full of 30,677.51 euros against the Directorate General of Public Security and completely exempted the Directorate General of Public Security from liability.