Bulgaria: no investigation of inhuman treatment of people with disabilities
24 August 2007, Sofia (Bulgaria) and Strasbourg (France): An application has been made to the European Court of Human Rights seeking the provision of appropriate redress following inhuman and degrading treatment in Bulgaria, the full circumstances of which have been inadequately investigated.
The Mental Disability Advocacy Center (MDAC) has been compelled to apply to the European Court of Human Rights once more. On this occasion MDAC seeks full and proper redress for inhuman and degrading treatment carried out in a Bulgarian social care institution and effective implementation of Bulgarian legislation which provides for investigations into such treatment but which is routinely violated.
The facts of the case placed before the European Court are simple. An elderly disabled woman died having been placed in a social care institution in Bulgaria. Whilst in the institution she suffered broken bones, extensive severe bruising and her head and eyebrows had been shaved. There was additional evidence that the conditions in which she lived were inadequate. This included a lack of nutritious food, freezing temperatures, poor hygiene and a lack of general health care.
The circumstances of the woman’s death and injuries were at no time clarified. Further, although administrative enquiries into her treatment and the conditions at the institution uncovered serious legal and procedural violations, law enforcement authorities failed to carry out adequate and/or effective investigations. No-one was held accountable and no redress was available.
‘Any evidence of inhuman or degrading treatment whilst in State institutions, must be thoroughly investigated at all levels,’ says Aneta Mircheva, Bulgarian legal counsel in the case and MDAC Legal Monitor. ‘Legislation in Bulgaria makes provision for such investigations and for the provision of redress. However, legislative and procedural violations occur, as in this instance, on a regular basis, with the result that abuse of vulnerable adults with disabilities continues with impunity.’
Barbora Bukovská, Legal Director of MDAC adds, ‘In the absence of appropriate services in the community, the applicant, elderly and with disabilities, had no option but to enter an institution. Like many in Bulgaria it was under funded, understaffed and failed to provide her with the care she needed. MDAC calls upon Bulgaria to fulfil its human rights obligations towards people with disabilities by committing to the closure of such institutions and to the provision of adequate services in the community.’
MDAC relies on donations to continue its work. If you wish to contribute to this work please consider making a donation.
(notes for editors)
The Mental Disability Advocacy Center advances the human rights of children and adults with actual or perceived intellectual or psycho-social disabilities. Focusing on Europe and Central Asia, we use a combination of law and advocacy to promote equality and social integration. MDAC has participatory status with the Council of Europe and is a cooperating organisation of the International Helsinki Federation for Human Rights. MDAC’s vision is for a world that values emotional, mental and learning differences, and where people respect each other’s autonomy and dignity.
Mental Disability Advocacy Center
Rákóczi út 27/B, 1088 Budapest, Hungary
Tel: + 36 1 413 27 30, fax: +36 1 4 13 27 39
Email: mdac@mdac.info web: www.mdac.info
For further information on this release contact:
Barbora Bukovská, MDAC Legal Director, mdac@mdac.info or + 36 1 413 2730.
Funding for this case came from a generous donation by Doughty Street Chambers, London, and from the Open Society Institute – Budapest.
(ends)
