До: ВЪРХОВЕН АДМИНИСТРАТИВЕН СЪД

Пето Отделение
ПРЕДСЕДАТЕЛ

Отн: във вр. 8828/2005

Срещу: Министерство на правосъдието

Ул. „Славянска” №
София, 1000

МОЛБА
На Основание чл. 24 и чл. 24 ЗВАС
ПРИЕМАНЕ НА ДОКАЗАТЕЛСТВО
и
ЗАВИРАНЕ НА ДАННИ
ОТ ОТВЕТНИКА

Уважаема Госпожо Председател,

На основание чл. 4 и 5 от ГПК, като страна канадски гражданин лишен от свобода, Аз

представям на Ангелски език молбата ми за следното ;

SUBMISSION OF RELEVANT EVIDENCE AND REQUESTS

I ask the Court accept into evidence a pamphlet prepared and printed by the Respondent in the
Russian and other languages and distributed sometime in 2003 to most foreign citizens at the
Sofia Central Prison; AND FOR THE REASON OF THIS WRITTEN EVIDENCE THAT
THE COURT;

ORDER a translation into the Bulgarian language of page 7 of the Pamphlet from Russian
language by the interpreter under the case, Ms. Radoulova;

ORDER the Respondent submit into evidence a copy of the full text in the pamphlets original
Bulgarian language and used as a source for the Russian text as appearing here;

ORDER the Respondent to identify to the Court the author of this pamphlet and its text;

ORDER the Respondent to disclose to the Court if a similar document was submitted to citizens
of Bulgaria, and if so the Respondent to produce it into evidence;
ORDER the Respondent to identify to the Court the number, date of promulgation and the author
of the normative act or ordinance having amended, altered or interpreted Art. 70 of the CC to now
include as a criteria for conditional release the financial status of a foreign person deprived of
liberty in Bulgaria; ALTERNATIVELY, AND IN THE ABSENCE OF SAME THE COURT;

ORDER the Respondent submit into evidence any internal or external instructions [“наредба”]
that make property status a legal condition of Article 70 §1 CC and instructing officials of the
Respondent to refuse to foreign citizens a procedure under Article 17 of the Law for the
Execution of Punishment, AND ALTERNATIVELY;

ORDER the Respondent submit into evidence any internal or external instructions [“наредба”]
that makes property status a legal condition for refusing foreign persons deprived of liberty a
judicial review under art. 415 §1 item 2 of the Criminal Code of Procedure;

FURTHERMORE I REQUEST THE COURT ACCEPT INTO EVIDENCE TRUE

COPIES;

Of the 19.08.2004 OFFICIAL RECORD [“ПРОТОКОЛ“] prepared by the Sofia Central

Prison Commission formed according to Article 17 of the Law for the Execution of Punishments
where Albanian national Nidrichim Kouloe [“Л/С НДРИЧИМ КУЛОИ”] is refused a judicial
review of conditional early release only account of his financial status and debt to the Republic of
Bulgaria [“задълженията към Р България”] and the presence of corruption [id est relying on
falsified official documents];

Of the 21.10.2004 OFFICIAL RECORD [“ПРОТОКОЛ“] prepared by the same Sofia Central
Prison Commission and proves officials of the Respondent routinely practice indirect
discrimination through a process of arbitrariness. These PROTOCOLS provide evidence that
when officials of the Respondent are unable to find an objective legal causus or subjective
conduct to refuse a foreign citizen a judicial review of his conditional early release, then officials
of the Respondent instead rely on a legally indefinable and a vague legal abstract, if it can be
called that, of “excessive remainder” [“Голям остатък”]. The significance of these OFFICIAL
RECORDS is that they provide objective evidence of a policy and practice of indirect
discrimination deemed to acceptable behavior by officials of the Respondent at the Sofia Prison;
AND FOR THE REASON OF THIS WRITTEN EVIDENCE THAT THE COURT;

ORDER from the OFFICIAL RECORDS [“ПРОТОКОЛ“] of all prison Commissions formed
under Article 17 of the Law for the Execution of Punishments by employees of the
Respondent a REPORT be prepared for the Court for the period of January 1st 1991 to
December 31st 2005 and from which it can be seen the following;

1. How many persons deprived of liberty persons are refused by officials of the
Respondent a judicial procedure under art. 415 §1 item 2 CCP for the reason of;
a. His property status in Bulgaria id est only account of his financial status and
debt to the Republic of Bulgaria [“задълженията към Р България”];
b. Excessive remainder of sentence [“Голям остатък”].
2. by having such a Commission commissions to the Court the Respondent provide a
written REPORT into
The names of those foreign citizens and first time offenders at the Sofia Prison with sentences in
force and who according to art. 70 §1 CC are legally eligible for conditional early release since
December 31st 2005 BUT who the Respondent has instructed Sofia Prison social workers and
inspectors [“ “] according to Alegally and a list of

AND I REQUEST THE COURT

a faincial and in the submitted Phamphelt and identify the author of this text; , interpreter under
the case or written in the Russian and other languages pages Основание за Молба/Grounds for
the Request

The Respondent (Sofia Prison) provides the Court with a copy of;

1. The “individual program for impact” prepared for rehabilitation of the Applicant
KAPOUSTIN prepared by the Sofia Prison Administration according to art. 66a1 of
the Law for the Execution of Punishments;

2. The Rules for Risk Assessment and Guidelines prepared by the Scientific
Methodical Council for Prison Activity according to art. 17a §22 of the Law for the
Execution of Punishments.

3.

Proves that item № 1 does not exist or is not being followed and that № 2 is not being complied
with.

1
Art. 66a. (new – SG 62/02) (1) For each newly entered deprived from liberty an individual
program for impact shall be prepared, which is based on:
1. assessment of his personal peculiarities, inclination to aggression and auto-aggression, alcohol or narcotic
dependence, sexual deviations etc.
2. statement of the physician of the prison or the reformatory about the physical and psychic health and
ability to work;
3. assessment of the need to be included in general education or professional – technical education.
(2) The individual program for impact shall be complied with the type of the crime, the extent of the penalty
and the type and the place for deprivation from liberty
2
Art. 17a. (new – SG 62/02) (1) The proposals to the commissions of art. 17 shall be motivated on
the basis of assessment of the risk, which the deprived from liberty are for themselves, for the other
deprived from liberty, for the employees and for the society.
(2) The rules for risk assessment shall be prepared by the Scientific – methodical council for prison activity
and shall be approved by the Minister of Justice.
The Respondent produce copies of all its “NON-PROMULGATED” written internal documents
id est ordinances, instructions, orders or memorandums to prison directors after December 31st
1991 and that provide specific instructions affecting the property and legal rights to inter alia
prison housing and employment and on what Bulgarian nationals laws do not apply to those
persons deprived of liberty who are not citizens of Bulgaria.

ALTERNATIVELY, the COURT ORDER the Respondent to permit the Applicant to secure the
same information by accessing its public records and the Respondent Ministry’s library for a
period of 5 days and regular business hours during which time the Applicant be allowed by the
Respondent unsupervised day leave or alternatively be allowed supervised leave under guard
from the Sofia Prison.

Produce copies of all the Respondent’s labor contracts since 1991 with every private firm that has
contracted to exploit the cheap labor of Bulgarian and foreign prisoners at the Sofia Prison.

Produce copies

The Respondent provides the Court with the statistics of the Sofia Prison for each 12 month
period commencing January 1st 1991 and ending December 31st 2005 the following;

At the close of each reporting year;

The number of inmates at the Sofia Central Prison who;

Are citizens of Bulgaria having sentences in force and;

Are first time Offenders;

Are Recidivists;

Of those the number of and employed are As an annual total, the number of day passes; or
home leaves granted to convicted foreign citizens according to Article Law for the Execution of
Punishments;

For the same periods, number of day passes; or home leaves granted to convicted foreign citizens
according to the same law id est Article Law for the Execution of Punishments;
Annually, the number of convicted foreign citizens allowed day or home leave according to
Article Law for the Execution of Punishments;

, what is the annual number

and as a separate figure for the same years the total number of convicted Bulgarian citizens who
each;

According have been allowed home leave.

In cases where one individual has received several homes leaves in the same period

rewarded with home leave?

permitted lave;

transferred