CCPR/C/121/D/2585/2015
managed to find a temporary room with a small kitchen which they paid for with money
received from their family, given that they did not receive any financial support from the
Bulgarian authorities. They were in contact with other refugees who told them that it was
impossible to find a job. Both authors have health problems, but they did not receive any
medical assistance in Bulgaria.
5.4
The authors reiterate that refugees in Bulgaria do not have access to housing, work
or social benefits, including health care and education. They cite a report by the
Commissioner for Human Rights of the Council of Europe, according to which the system
to support the integration of refugees and other beneficiaries of international protection still
suffers from serious and worrisome deficiencies, mainly connected with the insufficient
funding of the system. Consequently, refugees and other beneficiaries of international
protection face serious integration challenges, which threaten their enjoyment of social and
economic rights. They face a serious risk of becoming homeless and problems in accessing
health-care services; they suffer high levels of unemployment; and they have no real access
to education. They are also vulnerable to hate crimes. The report further indicates that,
although persons granted refugee status are apparently given the possibility to stay in the
reception centres when they have no means of sustaining themselves, they can only stay for
six months. There are allegations of corruption by the staff of the reception centres, who are
said to extort payment from the families for the right to stay. 38 The authors consider that
these problems will persist for a long time. They also quote a report by Amnesty
International according to which concerns persist over the reception conditions of asylum
seekers, although the conditions in reception centres have partially improved, in particular
with regard to food, shelter and access to health care and sanitary goods. 39 It is further
stated in the report that the prevention and investigation of hate crimes have been
inadequate.40
5.5
The authors further submit that the living conditions in Bulgaria for beneficiaries of
international protection are worse for returned beneficiaries because they seem to be
excluded from the reception facilities due to their initial stay and to the fact that they left
the facilities. The authors therefore submit that they will not benefit from proper housing
and adequate medical treatment. They and their children will be exposed to substandard
living conditions, lack of social assistance from the authorities and no prospect of finding a
durable humanitarian solution. They will end up living in deprived and marginalized
conditions due to the “zero refugee integration policy” in Bulgaria.
5.6
With regard to the State party’s reference to the ruling of the European Court of
Human Rights in Samsam Mohammed Hussein and Others v. the Netherlands and Italy, the
authors submit that the issue at stake is not that refugees in Bulgaria have significantly
reduced material and social living conditions, but that the current living conditions there do
not meet basic humanitarian standards, as required by UNHCR Executive Committee
conclusion No. 58 (XL). They also indicate that, in view of their experience in Bulgaria,
there is no basis for assuming that the Bulgarian authorities will prepare for their return in
accordance with basic humanitarian standards. They reiterate that the decision of the
European Court in Tarakhel v. Switzerland is applicable to their case, as the living
conditions of beneficiaries of international protection in Bulgaria can be regarded as similar
to the situation of asylum seekers in Italy, and that the premise outlined in the Samsam
Mohammed Hussein case is no longer sufficient: individual guarantees, especially
protecting returning children from destitution and harsh accommodation conditions, are
now required by the European Court. The authors argue that the Court’s reasoning in
Tarakhel regarding article 3 of the European Convention on Human Rights can be regarded
as corresponding to article 7 of the Covenant.
38
39
40
10
Report by Nils Muiznieks, Commissioner for Human Rights of the Council of Europe, following his
visit to Bulgaria from 9 to 11 February 2015, pp. 28-29. Available from
https://rm.coe.int/16806db7e2.
Amnesty International, Report 2014/15: The State of the World’s Human Rights (London, 2015), p.
87. Available from www.amnesty.org/en/documents/pol10/0001/2015/en/.
Ibid., p. 88.