News

 8 May 2023

Ombudsman Diana Kovacheva sent a recommendation to the Acting Minister of Interior Ivan Demerdzhiev, in which she requested the Inspectorate Directorate of the Ministry of Interior to carry out a full inquiry of the case of 6 May this year, in which nearly 400 citizens were searched in a nightclub in Plovdiv.

“Many of them were searched in the toilets of the establishment, where they were forced to undress and stand in certain positions in order to determine whether they were hiding prohibited items (drugs). After the raids, numerous complaints were received from citizens who were on the site during the inspection, that the Ministry of Interior officers exceeded their powers by committing illegal actions against them,” the Ombudsman writes.

Prof. Kovacheva emphasizes that many of those searched complain that they were forced to queue in the toilets to be checked, and that they were humiliated and forced to undress in front of other people who were not officials. According to the witnesses, the officers of the Ministry of Interior did not comply with the provisions of the Ministry of Interior Act when conducting a search and violated the European Convention for the Protection of Human Rights and Fundamental Freedoms, according to which no one can be subjected to torture or inhuman or degrading treatment or punishment (Article 3) and everyone has the right to private life (Article 8, Item 1).

Therefore, the Ombudsman requests the Acting Interior Minister to order an urgent inspection and to provide an opinion on the case from the Inspectorate Directorate of the Ministry of Interior, which assists him in carrying out administrative control over the activities of the employees of the Ministry of Interior.

The inspection should cover the period of preparation of the police action (on what operational information it is based) and the execution itself, clarifying who ordered its implementation, who directly monitored its implementation, whether it was carried out lawfully and whether the provisions for the implementation of the search of the persons present at the establishment were complied with,” the Ombudsman writes.

The public defender insists that information be requested on the number of searches carried out under the Ministry of Interior Act, whether Articles 80 and 82 of the Act were complied with in respect of each person searched and whether these persons received a copy of the report of the search.

 “Also, information need be provided on whether and how many searches were carried out under Article 164 of the Criminal Procedure Code (CPC), whether the legal provisions were complied with and whether the protocols of the actions carried out in the investigation had been submitted for approval by a judge within the specified period”, says Diana Kovacheva.

She draws attention to the fact that a search under the Criminal Procedure Code can only be carried out on a person who is a participant in already initiated pre-trial proceedings for a committed crime.

 „A search of a person without an express warrant is only allowed when he is in custody or when there are sufficient grounds to believe that the persons present at the search have hidden items or documents relevant to the case,” emphasises Prof. Kovacheva.