CCPR/C/118/D/2608/2015
7.4
The Committee notes that according to the authors, they were detained for five days
upon their arrival in Bulgaria, during which time they were abused by the police, and that
they were then transferred to a reception centre, where they lived between June and
September 2014, whence they were asked to leave when they were granted refugee status,
without being provided with alternative accommodation. Subsequently, they lived on the
streets for two to three days, but managed to go back to the reception centre and live in
hiding there until they left Bulgaria, thanks to some contacts they had among the asylum
seekers. The Committee also notes the authors’ submissions that the male author was
denied medical treatment, despite the fact that he has a serious heart condition, as he was
given painkillers after collapsing in the reception centre; that he was rejected at the hospital
because he did not have a residence permit and that once he received such permit, his
appointments were cancelled three times without any reason being provided. The
Committee further notes the authors’ allegations that the male author suffered an apparently
racially motivated attack, that he did not receive any protection from the authorities and that
he was not allowed to file a complaint to the police, as he was refused entrance to the police
station. The Committee further notes the authors’ claim that out of fear for their safety and
that they would be unable to provide for their child, access adequate medical treatment or
find a humanitarian solution to their situation, they left Bulgaria and went to Denmark,
where they requested asylum in December 2014. The authors, refugees, one of them
suffering from serious heart disease which requires medical treatment, and with a baby,
now find themselves in a situation of great vulnerability.
7.5
The Committee takes note of the various reports submitted by the authors
highlighting the lack of a functional integration programme for refugees in Bulgaria and the
serious difficulties they face in gaining access to housing, work or social benefits, including
health care and education. The Committee further notes the background material, according
to which there may be a lack of available places in the reception facilities for asylum
seekers and returnees under the Dublin regulation and which are often in poor sanitary
conditions. It further notes that returnees like the authors, who have already been granted a
form of protection and benefited from reception facilities in Bulgaria, are not entitled to
accommodation in the asylum camps beyond the six-month period after protection status
has been granted; and that although beneficiaries of protection are entitled to work and
social rights in Bulgaria, its social system is in general insufficient to meet the authors’
needs.
7.6
The Committee notes the finding of the Refugee Appeals Board that Bulgaria should
be considered the country of first asylum in the present case and the position of the State
party that the country of first asylum is obliged to provide asylum seekers with basic human
rights, although it is not required to provide them with the same social and living standards
as nationals of the country. The Committee further notes the reference made by the State
party to a decision of the European Court of Human Rights, according to which 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 of the European Convention on Human Rights. 39
7.7
The Committee considers, however, that the State party’s conclusion did not
adequately take into account the information provided by the authors, based on their own
personal experience that, despite being granted a residence permit in Bulgaria, they faced
intolerable living conditions there. In that connection, the Committee notes that the State
party does not explain how, in case of a return to Bulgaria, the residence permits would
protect them, in particular as regards access to the medical treatments that the male author
39
12
See Samsam Mohammed Hussein and others v. the Netherlands and Italy.