CAT/C/BGR/CO/6
vigilante groups; and prevent private individuals from carrying out apprehensions of
migrants;
(h)
Reinstate the monthly financial allowance for asylum seekers, and
improve material conditions in reception centres to ensure an adequate standard of
living;
(i)
Reduce the level of overcrowding in migrant detention facilities, in
particular in Busmantsi and Lyubimets.
Domestic violence and gender-based violence against women
25.
The Committee remains concerned at the prevalence and the number of domestic
violence cases, including marital rape, which constitute forms of gender-based violence as
the overwhelming majority of victims in the State party are women, and that domestic
violence continues to not be included as a specific crime in the Criminal Code. It is also
concerned about the one-month time limit for applying for protection orders, which cannot
be modified if the violence increases; the absence of a cassation instance for judicial
proceedings under the Law on protection against domestic violence; the insufficient number
of State-run shelters for women and their children who are victims of domestic violence;
and reports that law enforcement and prosecutorial staff lack sufficient training and
awareness in handling cases of domestic violence and protecting victims (arts. 2, 12–14 and
16).
26.
Recalling its previous recommendation (see CAT/C/BGR/CO/4-5, para. 25), the
Committee recommends that the State party should:
(a)
Amend its legislation to include domestic violence, including marital
rape, as a specific crime in the Criminal Code that entails ex officio prosecution;
(b)
Encourage victims to report cases of violence to the authorities; ensure
that all allegations of violence against women, including domestic and sexual violence,
are registered by the police and are promptly, impartially and effectively investigated;
remedy poor investigative techniques; and rectify the mishandling of evidence of
domestic violence, in particular in cases of rape;
(c)
Ensure that all victims of gender-based violence and domestic violence
benefit from protection, including restraining orders, and have access to medical and
legal services, including counselling, redress and rehabilitation, as well as safe and
adequately funded government-run shelters throughout the country;
(d)
Establish an effective and independent complaints mechanism for
victims of domestic violence;
(e)
Provide mandatory training for police and other law enforcement
officials, prosecutors, judges and social workers on the vulnerabilities of victims of
gender-based violence, including domestic violence;
(f)
Compile statistical data, disaggregated by age and ethnicity of the
victims and their relationship to the perpetrator, on domestic, sexual and other forms
of violence against women, including marital rape, and on the number of complaints,
investigations, prosecutions and convictions of perpetrators and sentences handed
down.
Trafficking in persons
27.
While taking note of the measures taken by the State party to combat trafficking in
human beings, including the adoption of the national anti-trafficking strategy for the period
2017–2021, the Committee is concerned that Bulgaria remains a country of origin for
human trafficking for the purposes of sexual and labour exploitation and of removal of
organs and body fluids. It is also concerned about the gaps between legislation and
strategies and their implementation and the failure to address the root causes of trafficking,
in particular with regard to Roma women. The Committee is also concerned at the
insufficient support provided to trafficked persons, including the low number of shelters for
victims of trafficking, the absence of a mechanism to identify victims of trafficking,
10