CCPR/C/121/D/2585/2015
to enable them to maintain a certain standard of living.35 Moreover, the Court indicated that
in the absence of exceptionally compelling humanitarian grounds against removal, the fact
that the applicant’s material and social living conditions would be significantly reduced if
he or she were to be removed from the contracting State is not sufficient in itself to give
rise to a breach of article 3. 36 Furthermore, the State party considers that it cannot be
inferred from the judgment of the Court in Tarakhel v. Switzerland that individual
guarantees must be obtained from the Bulgarian authorities in the case at hand, as it
concerns the transfer of a family which has been granted subsidiary protection in Bulgaria,
while in Tarakhel the authors’ application for asylum in Italy was still pending when the
case was reviewed by the Court.
4.12 The State party therefore submits that when rendering its decision, the Refugee
Appeals Board took into account all relevant information and that the communication has
not brought to light any new, specific information about the authors’ situation. It recalls the
Committee’s established jurisprudence,37 according to which important weight should be
given to the assessment conducted by the State party, unless it is found that the evaluation
was clearly arbitrary or amounted to a denial of justice. In the present case, the authors are
trying to use the Committee as an appellate body to have the factual circumstances
advocated in support of their claim for asylum reassessed by the Committee. There is no
basis to challenge the assessment made by the Board, according to which the authors have
failed to establish that there are substantial grounds for believing that they would be in
danger of being subjected to inhuman or degrading treatment or punishment if deported to
Bulgaria. Against this background, the State party submits that the deportation of the
authors to Bulgaria would not constitute a violation of article 7 of the Covenant.
Authors’ comments on the State party’s observations on admissibility and the merits
5.1
In their comments of 25 November 2015, the authors maintained that their
deportation to Bulgaria would constitute a breach of article 7 of the Covenant. They
consider that their allegations are duly substantiated and assert that they would face
inhuman and degrading treatment by being forced to live on the streets with no access to
housing, food or sanitary facilities and no prospect of finding durable humanitarian
solutions.
5.2
The authors consider that Bulgaria cannot serve as their first country of asylum.
They argue that certain conditions are necessary to become a first country of asylum: the
authors should be protected against refoulement; they should be able to travel and stay
lawfully in the country; and their personal integrity should be protected. They submit that
the concept of protection includes a social and a financial element and that their basic rights
must be protected. The authors refer to chapters II−V of the Convention relating to the
Status of Refugees and to UNHCR conclusion No. 58 (XL), in which it is emphasized that
before returning asylum seekers or refugees to a country where they obtained protection, it
must be ensured that they will be “treated in accordance with recognized basic human
standards” in that country (para. (f) (ii)). They submit that, as a minimum, refugees must be
offered housing and access to paid work or an allocation until they find a job. The authors
further state that according to the most recent background information regarding refugees
with temporary residence documents in Bulgaria, they would not enjoy the necessary
protection there.
5.3
The authors indicate that the State party did not contest that they had stayed at a
detention centre for approximately 23 days and that subsequently they were transferred to
an asylum centre where they stayed for approximately three months, and where the
conditions were appalling. They reiterate that when they left the reception centre, they were
not given any instructions as to where to go or how to get accommodation or food; they
35
36
37
Ibid., para. 70.
Ibid., para. 71.
See communications No. 2272/2013, P.T. v. Denmark, Views adopted on 1 April 2015, para. 7.3; No.
2186/2012, Mr. X and Ms. X v. Denmark, Views adopted on 22 October 2014, para. 7.5; and No.
2329/2014, Z. v. Denmark, Views adopted on 15 July 2015, para. 7.4.
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