Evidence;

Your Honors,

There serious negative human consequences to the Respondent’s unlawful long term policy of
direct discrimination against non-Bulgarian citizens and the unlawful practices of Sofia prison
officials interpreting the Respondent’s policies of direct discrimination as including a right to
indirectly discriminate against non-Bulgarian citizens when inter alia (1) determining the right to
liberty according to financial status and issuing a threat of continued imprisonment as a means of
official coercion in the collection of private and state debts from non-Bulgarian citizens; (2)
segregating and restricting access to religious services for those prisoners who are not Bulgaria
citizens, and; (3) interpreting the Respondent’s words of “isolation from all others” as meaning
Sofia prison officials are to deny to non-Bulgarian citizens parole, probation or unsupervised leave
for social contact with family members if this would place a non-Bulgarian in contact with
Bulgarians.

There are complex questions of fact to be clarified, and concern both published and unpublished
administrative acts of the Respondent that unlawfully restrict a broad range of civil rights and
liberties guaranteed to all non-Bulgarian citizens except where specifically limited by a provision
of law or restricted by virtue of a criminal sentence.

Officials of the Respondent are keeping non-Bulgarian citizen imprisoned in penitentiaries or

detention centers for unpaid debts. This fact alone is own serious enough to make it reasonable for
the Judges of this Court to accept this Applicant’s requests for collecting of additional information
and documents he believes are necessary to clarifying such practices.
Therefore, and in response to the evidence produced and filed with this Court by the
Respondent’s legal counsel, the Applicant now requests collection of the following information
and documents.

The Court is petitioned to ORDER the Respondent provide it with;

1. Information on the exact date and copy of the ORDER with which the Minster for Justice
RB first ORDERED imposing what is an unlawful policy and practice of segregating and
isolating all foreign citizens only at the maximum security penitentiary facility of the Sofia
Central Prison, notwithstanding the term of their imprisonment, the nature of their crime and
having no prior criminal record.

GROUNDS

The discriminatory practice to “segregate” and “isolate from all others” foreign
citizens at the maximum security penitentiary facilities attached to a prison in the city
of Sofia predates ORDER LC 4-277/2002. The Applicant himself has been
segregated and isolated at the SCP since August 1998. Wherefore

2. Information on the exact date and copy of the FIRST ORDER with which the Minster for
Justice RB designated the Sofia Central Prison as the maximum security penitentiary facility
 in the city of Sofia designated as the facility in the city of Sofia for isolation of dangerous
repeat offenders and those sentenced to execution or life;

A copy of the internal ORDER of the Sofia Central Prison, including motives of the
authoring senior prison official, who in August 1998 ORDERED the isolation of the
then unconvicted Applicant [Kapoustin] in a cell of the “Maximum Security Isolation
Ward of 1st Prisoners Group” ;

GOUNDS

The maximum security penitentiary facilities attached to a prison in the city of Sofia, the
Sofia Central Prison, is a housing facility designated by the Respondent as only for the
accommodating of dangerous repeat criminal offenders and those having received life
sentences. In 1998, the “Maximum Security Isolation 1st Prisoners Group” at the Sofia
Central Prison was Bulgaria’s equivalent of America’s “death row” and accommodated
convicted offenders awaiting possible execution. In August 1998 the Respondent
ORDERED that while awaiting his trial the Applicant was to be isolated in a cell on
“death row” and in the company of an accused contract murder. Wherefore the Court is
petitioned to ORDER the Respondent provides this court with;

In 1998 and shortly after having entered the maximum security 1st prisoners group of the
penitentiary facilities of the Sofia Central Prison, the Applicant commenced a hungerstrike in
protest of the unnecessary harshness of his living conditions and the unlawful discriminations he
endured and suffer at the hands of Sofia Central Prison officials employed by the Respondent,
this only because he is a citizen of Canada, a “non-Bulgarian”. Wherefore the Court is petitioned
to ORDER the Respondent provides this court with;

Copies of all internal reports prepared by Sofia Central prison officials in late 1998 and
early 1999 concerning the Applicant’s hungerstrike;

Copies of the written complaints filed between August 1998 and January 2001 with the
Respondent and signed by the Applicant complaining against the practices of
discrimination, arbitrariness and against living conditions of foreign citizens at the Sofia
Central Prison;

In Response to the presiding Supreme Administrative Prosecutors oral statement that the
procedures for reviewing the conditional early release of non-Bulgarian citizens cannot be
considered a part of the current legal controversy and the legal subject matter of ORDER LC 4-
277/02 within the jurisdictional competence of this court, the Applicant now requests collection
of the following evidence;

As part of his complaint the Applicant submitted a document produced by the Respondent and
where on page 7 the Respondent notifies non-Bulgarian citizens of an administrative order
whereby officials of the Respondent will not allow candidacy for conditional early release they
are not entitled to 1998 and shortly after having entered the maximum security penitentiary
facilities of the Sofia Central Prison, the Applicant attempted to secure employment Maria
Dencheva and Valentine Parushev…

The Applicant has submitted into evidence 4 letters issued by different officials of the
Respondent wherein they claim that international treaties and national law supports the Sofia
prison policy of secrecy and the Respondent’s persistent refusal to acknowledge any need or duty
to public transparency or judicial supervision of prison officials or the collective administrative
acts issued by them and affecting the civil, legal and human rights of non-Bulgarian and other
prisoners. Wherefore the Court is petitioned to ORDER the Respondent to have;

Deputy Director for the Main Directorate for the Execution of Punishments Mr. Plamen
Kostadinov specify to this Court the international treaties and national law mentioned by him in
his letter dated 25.08.2005 and allegedly making “secret” the identities and administrative acts of
Sofia prison employees and releasing them and those administrative acts from of judicial control;

Director for the Ministry for Justice Department for International Legal Assistance Ms.
Vassilena Malev identify to this Court the international treaty and national law relied in
the 08.11.2004 letter issued by former Minister for Justice Anton Stankov and the
04.12.2004 letter issued by former Deputy Minister for Justice Margarit Ganev and
referenced in the last paragraph of Ms. Maleva’s 10.11.2005 letter to the Applicant and
where according to her making it “a crime” for the Respondent to make public the names
of the Respondent’s employees at the Sofia prison and parole commission members inter
alio the prison’s ИСДВР, the prison’s psychologists, the prison’s deputy wardens, the
prison warden, a Sofia district prosecutor and a Sofia district judge who have issued an
administrative decision affecting my personal legal and civil rights under Bulgarian law.

Director for the Ministry for Justice Department for International Legal Assistance Ms.
Vassilena Malev identify to this Court in writing or in person why in her 10.11.2005 letter
to the Applicant she as a legal consultant for the Respondent did not report to the Minister
for Justice that the conspicuous absence of the signatures of judges and some others
present at the August 2004 to December 2005 Sofia prison parole Commission sessions to
be routine violations in the application of Article 17 of the Law on the Execution of
Punishments [see article 15(3) ППЗИН “За заседанията се съставят протоколи,
които се подписват от всички присъствуващи членове”]?

In each On the absence of transpaacy Identify the international treaties or Bulgarian national laws
protecting the identities and official responsibilities and accountability of the Prison Warden,
Psychologists, Deputy Wardens and the district prosecutor assigned to the Sofia prison and
presiding judge of a public commission, etc…
Complaints to president, organs, hunger strike Libya open letter. etc…