CAT/C/BGR/CO/6
appropriate consideration by the competent authorities and are guaranteed fair
treatment at all stages of proceedings, including an opportunity for effective and
impartial review by an independent decision-making mechanism on expulsion, return
or extradition, with suspensive effect;
(b)
Fulfil its non-refoulement obligations and guarantee the in-country right
to appeal an expulsion order when there are substantial grounds for believing that a
person would be at risk of being subjected to torture, and ensure respect for all
safeguards and interim measures with regard to asylum and deportation procedures;
(c)
Follow up on the situation of Mr. Buyuk with the authorities of Turkey
and provide the Committee with an update about his situation;
(d)
Provide the Committee with updated information about the situation of
Youssef Kayed and Moussa Kamel Ismael since their arrival in Lebanon.
Situation of asylum seekers and migrants
23.
While commending the State party for its ratification of the Convention relating to
the Status of Stateless Persons and the Convention on the Reduction of Statelessness and its
establishment of the statelessness determination procedure, the Committee is concerned at
the amendments to the Law on asylum and refugees that provide a legal basis for the
detention of asylum seekers for immigration-related purposes, substandard material
conditions in reception centres, the absence of an adequate identification mechanism for
persons in vulnerable situations, the removal of their monthly financial allowance, and
insufficient procedural safeguards regarding the assessment of claims and the granting of
international protection. It is also concerned at reports of ill-treatment of asylum seekers by
the border police, including the forcible blockage of entry into Bulgarian territory of at least
59 asylum seekers and migrants at the border with Turkey between March and November
2015; reports of physical violence against them by law enforcement officers; and the
suspicious death of an Afghan national in October 2015; in addition to asylum seekers
being stripped of their belongings and money and vigilante groups carrying out unlawful
actions against migrants. The Committee is also concerned that irregular migrants entering
Bulgaria are systematically detained for periods of up to 18 months (arts. 2, 11–13 and 16).
24.
The State party should:
(a)
Ensure that persons in need of international protection are not subjected
to arbitrary detention, provide for judicial review of detention, envisage alternatives
to detention and prohibit the detention of children;
(b)
Avoid registering unaccompanied children apprehended upon irregular
entry as being “accompanied” by adults they are not related to, and establish a single
body for coordinating the child protection policy;
(c)
Prevent the ill-treatment of asylum seekers by law enforcement officers,
including border police, by providing appropriate training on how to deal with
migrants and other vulnerable persons; and promptly investigate all cases of excessive
use of force;
(d)
Implement adequate identification procedures, including by providing
interpreters; conduct individual assessments; and ensure the availability of adequate
procedural safeguards regarding protection and refugee status determination
procedures;
(e)
Ensure the rapid and appropriate identification of persons in a
vulnerable situation, including survivors of torture and ill-treatment, and provide
adequate access to health care and psychological services;
(f)
Refrain from engaging in pushbacks and refoulement, and set up
accessible and protection-sensitive entry systems at border crossing points;
(g)
Prevent the stigmatization of and attacks against migrants, including
robbery of migrants by law enforcement officers and/or non-State actors such as
9