CAT/C/BGR/CO/6
18.
The Committee requests the State party, as a matter of urgency, to open an
investigation into the 238 deaths of children in specialized institutions and into the
deaths of the two children who died in the Medven institution and to provide it with
the outcome of those investigations and any ensuing action by 6 December 2018.
Ombudsman institution and the national preventive mechanism
19.
The Committee is concerned that the Office of the Ombudsman, serving as the
national preventive mechanism under the Optional Protocol to the Convention, is accredited
with “B” status by the Subcommittee on Accreditation of the Global Alliance of National
Human Rights Institutions since it does not comply with the principles relating to the status
of national institutions for the promotion and protection of human rights (the Paris
Principles), and that the same is also true of the second national human rights institution in
the State party, the Commission for Protection against Discrimination. It is also concerned
that the budget of the national preventive mechanism has been reduced and that the
mechanism lacks sufficient staff to effectively fulfil its mandate. The Committee is further
concerned that the mechanism is not able to carry out frequent visits to all places where
persons are deprived of their liberty, such as investigation detention facilities, special
centres for the temporary accommodation of foreigners, juvenile reformatories and
institutions for persons with mental and psychosocial disabilities, and that its
recommendations, including those relating to conditions of detention amounting to illtreatment, have not always been taken into consideration (arts. 2, 11–13 and 16).
20.
The State party should:
(a)
Strengthen the Office of the Ombudsman and provide it with adequate
human, material and financial resources, in line with the Paris Principles; take
measures that fully reflect the recommendations for accreditation by the
Subcommittee on Accreditation; and ensure the implementation of the Ombudsman’s
recommendations, including with respect to awards of redress to victims, the
prosecution of perpetrators and improvement of treatment and material conditions in
places of deprivation of liberty;
(b)
Take measures to improve the effectiveness of the national preventive
mechanism’s monitoring functions and allow it to also carry out regular and
unannounced visits to all places where persons are deprived of their liberty, including
investigation detention facilities and special centres for the temporary accommodation
of foreigners, juvenile reformatories and institutions for persons with mental and
psychosocial disabilities; and allow regular monitoring of places of deprivation of
liberty by non-governmental organizations to complement the monitoring undertaken
by the national preventive mechanism, including visits to psychiatric hospitals and
social care institutions for adults and children with mental and psychosocial
disabilities.
Non-refoulement
21.
The Committee is concerned that the State party may not be complying with the
principle of non-refoulement and its obligations under the Convention with regard to
persons applying for international protection and asylum. It is also concerned by: the
credible information submitted by the Ombudsman mentioning that several cases had
gained notoriety in 2016 in which serious violations of Bulgarian and international
humanitarian law had been committed during the forcible removal of third-country
nationals; the expulsion of more than 2,500 such persons; and the extradition in August
2016 of Abdullah Buyuk, a citizen of Turkey, despite two court rulings against his
extradition by the Sofia City Court and the Bulgarian Court of Appeal, and without
notification of the Ombudsman and which the Ombudsman deemed as being carried out in
violation of articles 28 and 29 of the Constitution of Bulgaria and of article 44 (a) of the
Law on f. According to the Ombudsman, Mr. Buyuk was not given the opportunity to file
an appeal against his expulsion order or to arrange for defence in court (arts. 2, 3 and 16).
22.
The State party should:
(a)
Ensure that it complies fully with its obligations under article 3 of the
Convention and that individuals under the State party’s jurisdiction receive
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