2006.02.07 Motion Evidence 003_scp Only

A) AS OF DECEMBER 31st 2005 FROM THE TOTAL NUMBER OF FOREIGN CITIZENS DEPRIVED OF LIBERTY AND HOUSED BY THE RESPONDENT AT THE SOFIA CENTRAL PRISON, the Respondent is to provide to the Court the total number of foreign citizens housed in the 1st, 10th and 11th Prisoners Groups and who have the legal status of; 1) accused or defendant; 2) first time offender with sentence in force; 3) recidivist with sentence in force [those who are foreign citizens this means their been convicted for the commission of more than one crime on the territory of Bulgaria, please see §4 13.09.2004 letter Deputy Minister Mario Dimitrov ); B) C) D) OF THOSE FOREIGN CITIZENS DEPRIVED OF THEIR LIBERTY IN BULGARIA AND THE TOTAL NUMBERS OF BULGARIAN CITIZENS DEPRIVED OF LIBERTY WITH SENTENCES IN FORCE AND; 1) Who are first time offenders and housed MORE THAN SIX MONTHS at the prison hostel of the Sofia Central Prison [“СЦЗ”]; Who are recidivists i) Kremekovski [“КРЕМИКОВСКИ”]; ii) Kazichan [“КАЗИЧЕН”] 2) As a separate figure Who are recidivists housed at the prison hostels of; SUBDIVIDED INTO ACCORDING TO THEIR GROUP OR „Отред”AND WHO ARE; 3) first time offenders 4) recidivist; For E) ACCORDING TO THE NAME AND LOCATION OF EACH PRISON HOSTEL AND ITS DESIGNATED “TYPE” and according to the criteria of nationality what is the total number of Bulgarian citizens and the total number of non-Bulgarian citizens deprived of liberty and in each.. FURTHERMORE, that each of the 2 figures provided for each hostel type be subdivided according to the legal status of each person deprived of liberty as an; 1) Accused or Defendant; 2) Convicted and with sentence in force; The Respondent is not requested to provide the citizenship of those person deprived of liberty, but only that he or she is NOT a citizen of Bulgaria.

This information will establish that NOT all foreigners are housed at the Sofia Prison and that ORDER № LC 4-277 is at best arbitrarily applied by the Respondent. i) ONLY FOR THE This information will prove the Respondent’s violations of the national law that; (1)

requires recidivists be housed separately and at different facilities than those of first time offenders;

(2)

requires recidivists be housed only at prison hostels of the closed type, and;

(3)

that first time offenders who are not Bulgarian citizens are deny their legal right to housing at prison hostels of intermediate and open types.

F) PROVIDE AS SEPARATE TOTALS OF THE ABOVE ITEMS 2§a(i) and 2§b(i), id est separated according to the legal status of Bulgarian and non Bulgarian citizenship and first time offender the figure for the total numbers of person deprived of liberty at the prison hostels of (1) the Sofia Central Prison, (2) “Кремиковски”, (3) “Казичен” and who have; 1) 1 year or less remaining to their sentence; 2) 3 years of less remaining to their sentence and who according to the law under Article should be released on probation; 3) 5 years or less remaining to their sentence and who according to the law under Article should be transferred to; This information will prove the Respondent is violating the national law according to art…. when denying to foreign citizens deprived of liberty their legal right to housing in prison hostels of the intermediate and open type. G) FROM THE FIGURE PROVIDED in the above ITEM 3§(c) FOR NON-BULGARIAN CITIZENS FIRST TIME OFFENDERS HAVING LESS THAN 5 YEARS AND STILL HOUSED AT THE SOFIA CENTRAL PRISON HOTEL OF THE CLOSED TYPE to the respondent to submit the legal reasons for not observing the national law art. … and THE TOTAL NUMBER OF THOSE, the Respondent provide the objective and transferring them to prison hostels of the “OPEN TYPE”. H) and or to submit their names for probation; ;as a AS SEPARATE TOTALS OF THE ABOVE ITEM 3§a, b and c the number of The objective legal grounds for the Respondent refusing to permit these offenders to serve their sentences at a prison hostel of the “OPEN TYPE”; The number of non-Bulgarian citizens and first time offenders with sentences in force and according to Article 70 §1 of the Bulgarian Criminal Code have the formal right to conditional early release. The number of those