care, and it was found during the inspection that individuals suffering chronic diseases
and individuals who need medical care due to incidents occurring are accommodated in
these centres.
The NPM team visited the Temporary Protection Centre under construction in Harmanli,
which is situated in former military barracks. It is envisaged to accommodate the
individuals looking for protection in the future in caravans (containers). There were 80
caravans at the time of the inspection. Most of them are new, not used and they have a
bathroom and a toilet, but were not connected to the sewerage and water supply system,
which was under construction at the time of the inspection. Twenty five caravans are old,
some of them worn out, without a bathroom. It is envisaged that this centre will be of the
"closed type", i.e. the individuals accommodated there would not be able to leave freely. It
was not clear during the inspection where these people were going to shower. The
existing barracks' bathroom is more than 300 metres away from where the caravans are
situated, it is in a very poor condition and not suitable for use at present. It is not clear
how the accommodated people will be accompanied to this bathroom, which is also
outside the security zone.
The Centre is functional as of 11 October 2013. The NPM team was concerned regarding
its operation, as there are no legal grounds for its commissioning. The Temporary
Acceptance Centre in Harmanli is supposed to accommodate foreigners looking for
protection in case of the entering into force of a National Action Plan for Temporary
Protection. No such plan has entered into force. According to the provisions of Council
Directive 2001/55/EU on minimum standards for giving temporary protection the
authority related to giving such protection have been set at supranational level - a
decision by the Council of the EU. No such decision has been made at European Union
level at present. In this case the Centre is operating beyond any regulatory requirements.
The issue as to how long the individuals seeking protection will stay there and what are
the legal grounds for the restriction of their right to free movement is not clear.
It was found based on the additional information received that by virtue of decision of the
Council of Ministers centres for accommodation have been opened in Vrazhdebna
Residential Estate, in Voenna Rampa Residential Estate, in Harmanli, in Kovachevtsi
Village (the latter was opened after the completion of the inspection of the NPM).
With respect to the closed centre in Harmanli the NPM was informed that it operates on
the grounds of Directive 2013/33/EU laying down standards for the reception of
applicants for international protection, which allows restrictive measures to be imposed
on the free movement of the accommodated refugees. This Directive has not been
transposed in the national legislation even at the time this report has been drawn up. By
virtue of decision No 716 of the Council of Ministers of 18 November 2013 draft Law on
Amendment and Supplementation of the Asylum and Refugee Law has been approved.
Some of the legislative amendments are related to the transposing of part of the
requirements of Directive 2013/33/EU. The draft law provides for the creation of zones
set by the Chair of the State Agency for Refugees or an officers authorised by the Chair,
which a foreigner seeking international protection is not allowed to leave.
The amendments in the Asylum and Refugee Law are subject to discussion and are
currently deliberated on in the National Parliament. The Ombudsman, through an
authorised representative, is also taking part in these discussions. The categories of
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