CCPR/C/121/D/2585/2015
everybody be given a job within such a short period of time. The State party further notes
that the authors have referred to the problems encountered by other refugees in finding
work, but that they did not look for a job themselves. As regards the authors’ allegations
that M.A.S. was threatened by private individuals who told him that he should leave the
country, the State party notes that they did not contact the Bulgarian authorities to seek
protection.
6.5
With respect to the authors’ reference to the Tarakhel case, the State party considers
that it cannot be inferred from that case that individual guarantees must be obtained from
the Bulgarian authorities before effecting a transfer. Tarakhel v. Switzerland concerned a
family with the status of asylum seekers in Italy and the present case is not comparable, as
the authors have already been granted subsidiary protection in Bulgaria. The State party
further considers that the Tarakhel case, which concerned specifically the reception and
accommodation conditions for families with young children in Italy, cannot serve as a
requirement for other States to provide individual guarantees to families when they have
already been granted subsidiary protection and when the available background material
does not allow assuming that aliens risk ill-treatment contrary to article 7 of the Covenant
due to the general conditions in the country.
Issues and proceedings before the Committee
Consideration of admissibility
7.1
Before considering any claims contained in a communication, the Committee must
decide, in accordance with rule 93 of its rules of procedure, whether it is admissible under
the Optional Protocol.
7.2
The Committee has ascertained, as required by article 5 (2) (a) of the Optional
Protocol, that the same matter is not being examined under another procedure of
international investigation or settlement.
7.3
The Committee notes the authors’ claim that they have exhausted all effective
domestic remedies available to them. In the absence of any objection by the State party in
that connection, the Committee considers that it is not precluded from examining the
communication under article 5 (2) (b) of the Optional Protocol.
7.4
The Committee notes the State party’s challenge to the admissibility of the
communication on the grounds that the authors’ claim under article 7 of the Covenant is
unsubstantiated. However, the Committee considers that, for the purpose of admissibility,
the authors have adequately explained the reasons for which they fear that their forcible
return to Bulgaria would result in a risk of treatment in violation of article 7 of the
Covenant. As no other obstacles to admissibility exist, the Committee declares the
communication admissible and proceeds with its consideration of the merits.
Consideration of the merits
8.1
The Committee has considered the communication in the light of all the information
made available to it by the parties, as provided for under article 5 (1) of the Optional
Protocol.
8.2
The Committee notes the authors’ claim that deporting them and their three children
to Bulgaria, based on the Dublin Regulation principle of first country of asylum, would
expose them to a risk of irreparable harm, in violation of article 7 of the Covenant. The
authors base their arguments, inter alia, on the treatment they received when they arrived in
Bulgaria and after they were granted residence permits, and on the general conditions of
reception for asylum seekers and refugees in Bulgaria. The Committee notes the authors’
argument that they would face homelessness, destitution, lack of access to health care and
lack of personal safety, as demonstrated by their experience after they were granted
subsidiary protection in October 2013. The Committee further notes the authors’
submission that since they had already benefited from the reception system when they first
arrived in Bulgaria, and as they were granted a form of protection, they would have no
access to accommodation in the reception facilities.
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