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 8

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