CCPR/C/121/D/2585/2015
Syrian Arab Republic. M.A.S. suffers from high blood pressure and a heart condition, for
which he receives medical treatment, and he also exhibits symptoms of post-traumatic
stress disorder, allegedly due to torture to which he was subjected while in prison in the
Syrian Arab Republic. L.B.H. has problems with her metabolism, for which she receives
medical treatment, and also receives analgesics to alleviate back problems due to a
herniated disc.5
2.8
On 8 December 2014, the Danish Refugee Appeals Board upheld the decision of the
Danish Immigration Service and ordered the authors to leave Denmark within 15 days. The
Board considered that while the authors fell under section 7 (1) of the Aliens Act, Bulgaria
was their first country of asylum where they had been granted protection status, and they
should therefore be returned there.6 The Board declared that according to the background
information available, the authors would not be exposed to a risk of refoulement once in
Bulgaria; that their personal safety would be protected to the extent necessary; and that they
should seek the protection of the Bulgarian authorities in respect of the threats made by
unknown Bulgarians against them. The Board also indicated that according to a report by
the Office of the United Nations High Commissioner for Refugees (UNHCR),7 refugees
and persons with protected status in Bulgaria enjoyed the same rights as Bulgarian nationals
and that, although difficult, the general situation, including socioeconomic conditions, were
not of such a nature as to prevent Bulgaria from serving as a first country of asylum. In
rendering its decision, the Board took into account the authors’ allegations that they had
been detained and ill-treated in prison. In particular, it noted that the authorities had
confiscated L.B.H.’s medication; that they had not provided milk for the applicants’
youngest child; that M.A.S. had been harassed by private individuals; that their children
had all been seriously mentally affected by their experiences in the Syrian Arab Republic
and Bulgaria; and that only after arriving in Denmark had they started to feel better. The
children were able to go to school, whereas in Bulgaria, where there was nothing but fear
and fights, they were afraid to go anywhere.
The complaint
3.1
The authors submit that, by forcibly returning them and their children to Bulgaria,
the Danish authorities would violate their rights under article 7 of the Covenant. Based on
their experience, they allege that if returned to Bulgaria, they and their three children would
be exposed to inhuman or degrading treatment contrary to the best interests of the child, as
they would face homelessness, destitution, and no access to health care and personal safety.
The three minor children have already been deeply scarred and traumatized by the civil war
in the Syrian Arab Republic and by their stay in Bulgaria, displaying antisocial behaviour
and stagnation in their development. They therefore need stability and access to continued
psychosocial and medical treatment. The authors therefore argue that they should be
regarded as extremely vulnerable and that the first country of asylum, Bulgaria, is not
adapted to their needs.
3.2
The authors further allege that Bulgaria does not have any integration programme
for asylum seekers or refugees. The last national integration programme ended in 2013, and
there is currently no effective integration programme for persons who are granted refugee
status or subsidiary protection in Bulgaria. 8 Although according to national law these
persons have access to the labour market, health-care system, social services and assistance
5
6
7
8
4
Statements of 18 December 2014 and 18 January 2015 by Solvita, an organization that works with
traumatized children, youth and adults in Denmark. However, in the latter statement, Solvita
concluded, inter alia, that “the parents are not psychologically elucidated of a [post-traumatic stress
disorder] diagnosis, but both have symptoms of it”.
The Board also referred to section 7 (3) of the Aliens Act.
Office of the United Nations High Commissioner for Refugees (UNHCR), Refugee Integration and
the Use of Indicators: Evidence from Central Europe, December 2013, available from
www.refworld.org/docid/532164584.html.
Tsvelina Hristova and others, Trapped in Europe’s Quagmire: The Situation of Asylum Seekers and
Refugees in Bulgaria (Munich, bordermonitoring.eu e.V., 2014), available from
http://bordermonitoring.eu/wp-content/uploads/reports/bm.eu-2014-bulgaria.en.pdf.