A/HRC/43/40/Add.1
52.
In addition, investigations lack a child-sensitive approach and specialized police
officers, prosecutors and judges. Some cases are reportedly dismissed because statements
by child victims are allegedly inconsistent. The Office of the Prosecutor General has
reportedly issued an ordinance that requires a victim to prove three episodes of physical,
psychological or sexual violence for a criminal case to be opened. Child survivors remain
highly vulnerable to revictimization and are often disbelieved, or blamed for falling victim
to sexual violence. The adjudication process does not provide sufficient guarantees for
redress. The Special Rapporteur was told of a lack of sufficient synchronization in
legislation, especially regarding interaction and coordination between child protection
services and the justice system. The lack of prompt and effective investigation into the
allegations of sexual abuse featured in the European Court of Human Rights cases of M.P.
and others v. Bulgaria and M.C. v. Bulgaria.21 In the dissenting opinion to the Court’s
judgment in the case of D.L. v. Bulgaria, the judge noted the following:
… [I]t is very hard to dispel the impression that the applicant, a victim, from the age
of twelve, of grooming, was being punished for the crimes of others. There is no
indication in the file that those responsible for or involved in her grooming and
subsequent prostitution were investigated, charged or brought to justice. Instead, the
applicant repeatedly found herself before the criminal branch of the District Court,
first the subject of barring orders …, but subsequently of a detention order,
confining her … to the Podem centre.22
53.
The Special Rapporteur notes the establishment of child-friendly rooms for hearings,
also known as “blue rooms”. Often they are seen as the only prerequisite for the application
of child-friendly justice, without meeting other requirements, such as interviewing by a
specialized professional following an evidence-based protocol. Further efforts must be
made to ensure child-sensitive procedures, including reducing the number of interviews,
ensuring that interviews are conducted by adequately trained judicial staff and ensuring the
presence of other professionals such as trained child psychologists and social workers, to
prevent revictimization and traumatization.
54.
The detection, investigation and prosecution of trafficking in human beings come
under the authority of the Ministry of the Interior and the Office of the Prosecutor General.
The State Agency for Child Protection holds the overall responsibility, in compliance with
the Child Protection Act and as per the national referral mechanism for victims of
trafficking.
55.
Issues pertaining to the harmful content of child abuse material, specifically online
child pornography, are monitored by NGOs such as the Bulgarian Safer Internet Centre and
Loveguide. 23 while reported criminal activities concerning child pornography are
investigated by the cybercrime unit at the General Directorate for Combating Organized
Crime, of the Ministry of the Interior. In 2008, the cybercrimes unit of the police noted a
steady rise in cybercrimes against children, many related to the distribution of child
pornography, owing to growing Internet use across the country.24 While recent statistics are
lacking, in October 2011, 20 men were arrested for participating in a child pornography
ring, and in February 2012, 9 men were arrested for distributing child pornography and
more than 1,000 gigabytes of pornographic material was seized. In both instances, children
exploited were reportedly as young as 2 years old. In 2011, out of 751 reports received
through the helpline, 146 concerned illegal or harmful content and conduct online. Twenty
were classified as child pornography, 4 as erotica and 7 as grooming.25 In 2018, five men
21
22
23
24
25
12
European Court of Human Rights, Case of M.P. and Others v. Bulgaria, Application No. 22457/08,
Judgment, 15 November 2011, and Case of M.C. v. Bulgaria, Application No. 39272/98, Judgment, 4
December 2004.
European Court of Human Rights, Case of D.L. v. Bulgaria, Dissenting Opinion of Judge O’Leary,
para. 9.
See https://loveguide.bg.
Foundation ECPAT International, Global Monitoring: Status of Action against Commercial Sexual
Exploitation of Children – Bulgaria, 2nd ed. (Bangkok, 2013). Available at www.ecpat.org/wpcontent/uploads/legacy/A4A_V2_EU_Bulgaria.pdf.
Ibid.
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