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ПЕТО ОТДЕЛЕНИЕ
ДОПЪЛНЕНИЕ НА ДОКАЗАТЕЛСТВО
и
РАЗШИРЯВАНЕ НА ЖАЛБА
ОТ 08.01.2004г.
ОСНОВАНИЕ ЗАКОН ЗА ЗАЩИТА СРЕЩУ
ДИСКРИМИНАЦИЯТА
Уважаеми Съдии,
I submit the following requests in the original English language with a Bulgarian
language translation as prepared by a recognized expert interpreter.
A. Additional Evidence
The Court is requested to accept into evidence the following true copies of original letters
issued by the Helsinki Committee of Bulgaria to the Plaintiff Kapoustin;
The Plaintiff Kapoustin and all other foreign Offenders serving their sentences in
Bulgarian prisons have a lesser legal status before officials of the Ministry of
Justice, Office of the Prosecutors General and the Sofia District Courts [civil,
criminal and administrative] than those Offenders who are citizens of Bulgaria
and serving their sentences in Bulgaria or other contracting member states to the
Council of Europe and Convention on the Transfer of Sentenced Persons.
The letter confirms the discrimination alleged by the Plaintiff in his original
October 2004 Complaint to this Court as being fact and not the invention of the
Kapoustin.
2. The August 9th 2002 letter issued by the Helsinki Committee of Bulgaria in
response to a request by the Plaintiff Kapoustin for an independent investigation
of his allegation’s that there exists an official policy and practice of direct and
indirect discrimination. The Ministry of Justice – Main Directorate for the
Execution of Punishments, prison Officials and Sofia district prosecutors
determining the application of Bulgarian national laws and international treaties
according to the criteria of an Offender’s nationality and the property status of his
family. And doing so notwithstanding that the relevant and applicable national
laws determining rights and obligations id est the Criminal Code, Criminal Code
of Procedure, Civil Code of Procedure and the Law for the Execution of
Punishments have no provisions for a different application of their articles
according to the nationality or property status of a criminal Offender.
This letter confirms to the Plaintiff Kapoustin, and therefore also to this Court,
that there exists an earlier and independent investigation of the discriminations as
conducted by the Helsinki Committee id est direct discrimination according to the
criteria of nationality.
3. The Plaintiff Kapoustin requests the inclusion of an addition cause of action under
Supreme Administrative Case № 7380/2004.
Grounds for the new cause of action are to be found in Article 4 of the Law of
Protections against Discrimination id est the property status of foreign
Offenders and their families is relied on as an administrative criteria for the
determining of legal rights and social protection under Bulgarian national laws
and international agreements.
It is complained that the Ministry for Justice and Prosecutors General for the
Bulgarian have instituted an administrative policy and practice directly
discriminating against [foreign] Offender’s according to his and his family’s
property status [wealth].
The Supreme Cassation Prosecutors Office for the Republic of Bulgarian inter
alio Prosecutor B. Toshev [„Б. Тошев”] writing on behalf of the Prosecutors
General confirmed in writing the existence of an official administrative policy
and practice for discrimination according to an Offender’s property status. In
letter to different Offenders, Bulgarian Prosecutor B. Toshev [„Б. Тошев”] wrote
that property status [wealth] of a [foreign] Offender’s [and his family] will
ultimately determine the legal right to a judicial review of parole or to
transfer under the European Convention in the Transfer of Sentenced Persons.
C. Additional Facts
Proceeding from the above, the Plaintiff Kapoustin has alleged direct and indirect
discrimination the result of administrative orders, policies and practices of the
Ministry for Justice Republic of Bulgaria inter alia „Заповед № ЛС – 04 –
277/04.10.2002г. на Министъра на правосъдието” among others.
Furthermore, the Plaintiff Kapoustin has made an additional allegation of direct and
indirect discrimination the result of administrative orders, policies and practices of
the Minister for Justice Republic of Bulgaria and the Prosecutors General for the
Republic of Bulgaria. They having determined in their official capacity that nationally
and property status should determine an Offender’s access to legal rights and procedures
found in the Bulgarian Criminal Code of Procedure and the Convention on the Transfer
of Sentenced Persons.
As a result, the Plaintiff Kapoustin submits the following statistical data and asks it
be accepted into evidence.
These statistics are significant to the Plaintiff Kapoustin and others proving the
complained of discriminations to be organized as official polices and practices of the
Ministry for Justice and Prosecutors General of the Republic of Bulgaria.
Proof of this systematic abuse of legal rights and social protections can be found in
the following statistics.
There are 93 sentenced foreign nationals at Sofia serving their punishments, of these;
Non-Bulgarian Offenders having been refused requests for transfer under the European
Convention for the Transfer of Sentenced Persons solely according to the criteria of
their property status in Bulgaria.
Non-Bulgarian Offenders are refused judicial review of their legal status under the
procedures of Art. 415 and the following of the Criminal Code of Procedure solely
according to the criteria of their nationality and property status, and this not
withstanding the [Foreign] Offender having satisfied all the requirements of Article 70
sect. 1 of the Criminal Code.
D. Additional Request
That the Court Order the Ministry for Justice to confirm to the Court the
aforementioned statistical data as true.
That the Court request from the Bulgarian Helsinki Committee a true copy
of its September 2002 report.
Respectfully
30.12.2004 г.
Michael Kapoustin