CCPR/C/125/D/2923/2016 April 2018, the author is in need of continuous psychological and medical treatment, the frequency of which has had to be increased. The opinion points to the reported lack of appetite, loss of weight, somatic headaches, sleep deprivation and diminished concentration, while concluding that symptoms of depression are clearly detectable. Besides the mental health concerns, the author has been treated for a continuous pain in his shoulder, stemming from the psychological disorder with which he has been diagnosed. The author submits that he drew the attention of the Office of Immigration and Asylum to the medical certificate delivered on 11 November 2016 (see para. 2.6 above) on 5 April 2018 and to the certificate issued on 10 April 2018 on 13 April 2018. 8.3 The author also draws the Committee’s attention to the recent publicly available reports on the Bulgarian reception conditions as regards asylum seekers having serious mental health disorders. The reports indicate that there is inadequate hygiene and sanitation and that there are interruptions in the provision of medical and interpretation services at refugee facilities; that there is no accommodation for persons with limited mobility or for asylum seekers with visual, mental or psychosocial disabilities;22 that there are no guidelines or practice regarding the accommodation of the specific needs of vulnerable groups; and that there is a lack of special treatment or infrastructure to handle torture victims and persons suffering from psychosocial disabilities.23 Other reports emphasize that for asylum seekers access to health treatment in Bulgaria is seriously restricted, despite being entitled to the same scope of medical treatment as nationals, due to the lack of medical personnel in reception centres. While in Bulgaria the highest standard of health for asylum seekers is guaranteed by law, there is a lack of access to mental health care in practice.24 8.4 The author maintains that the Hungarian authorities have failed to fulfil their obligation to furnish effective guarantees to protect the author against arbitrary removal to Bulgaria, resulting in the violation of article 7 and article 2 (3) (a), read in conjunction with article 7, of the Covenant. Issues and proceedings before the Committee Consideration of admissibility 9.1 Before considering any claim contained in a communication, the Committee must decide, in accordance with article 93 of its rules of procedure, whether the communication is admissible under the Optional Protocol. 9.2 The Committee has ascertained, as required under article 5 (2) (a) of the Optional Protocol, that the same matter is not being examined under another procedure of international investigation or settlement. 9.3 The Committee notes that the State party has not expressly objected to the admissibility of the communication under article 5 (2) (b) of the Optional Protocol, although it held that the author had failed to raise the alleged violation of his rights during the domestic asylum procedure, contesting the application of the Dublin III Regulation (para. 4.2), and had invoked them only in the communication. It also observes that the author appealed against the negative decision of the Immigration and Asylum Office on his asylum application to the Metropolitan Administrative and Labour Court, which dismissed the appeal on 17 October 2016. Since the decisions of the Metropolitan Court cannot be appealed, no further remedies are available to the author. Accordingly, the Committee considers that the requirements of article 5 (2) (b) of the Optional Protocol have been met. 9.4 The Committee notes the State party’s challenge to the admissibility of the communication on the grounds that the author’s claims under article 7 and article 2 (3) (a), read in conjunction with article 7, of the Covenant are manifestly ill-founded. The Committee, however, considers that the author has raised numerous risk factors and 22 23 24 GE.19-08969 See United States of America, Department of State, “Country Report on Human Rights Practices 2017: Bulgaria”, 20 April 2018. Available at www.ecoi.net/en/document/1430270.html. See Asylum Information Database, Country Report: Bulgaria, 2017 update. Gruša Matevžič, Unidentified and Unattended, p. 39. 11