CCPR/C/118/D/2608/2015
needs, and from the hardship and destitution which they have already experienced in
Bulgaria, and which would now also affect their baby. 40
7.8
The Committee recalls that States parties should give sufficient weight to the real
and personal risk a person might face if deported 41 and considers that it was incumbent
upon the State party to undertake an individualized assessment of the risk that the authors
and their child would face in Bulgaria, rather than rely on general reports and on the
assumption that as the authors had benefited from subsidiary protection in the past, they
would, in principle, be entitled to the same level of protection today. The Committee
considers that the State party failed to take into due consideration that the authors were
mistreated by Bulgarian officers upon arrival; that the male author was the victim of an
apparently racially motivated attack and was unable to file a complaint to the police, as he
was not allowed access to the police station; and that he was denied medical care for his
heart disease. The Committee also notes that the authors have a 1-year-old baby and
considers that those circumstances put them in a particularly vulnerable situation that was
not sufficiently taken into account by the Refugee Appeals Board, and that their deportation
to Bulgaria would be a source of retraumatization for them. The Committee further notes
that in the absence of any assistance from the national authorities when they were in
Bulgaria, the authors were not able to provide for themselves, notwithstanding their
entitlement to subsidiary and refugee protection The Committee further notes that the State
party failed to seek proper assurances from the Bulgarian authorities to ensure that the
authors and their baby would be received in conditions compatible with their status as
refugees and with the guarantees under article 7 of the Covenant, by requesting that
Bulgaria undertake (a) to receive the authors and their child in conditions adapted to the
baby’s age and the family’s vulnerable status, enabling them to remain in Bulgaria;42 (b) to
issue a residence permit to the authors’ baby; and (c) to take the necessary measures to
ensure that the male author receives the medical treatment that he needs.
7.9
Consequently, the Committee considers that, in these particular circumstances, the
removal of the authors and their child to Bulgaria, without proper assurances, would
amount to a violation of article 7 of the Covenant.
8.
The Committee, acting under article 5 (4) of the Optional Protocol, is of the view
that the deportation of the authors and their child to Bulgaria would violate their rights
under article 7 of the Covenant.
9.
In accordance with article 2 (1) of the Covenant, which establishes that States parties
undertake to respect and ensure to all individuals within their territory and subject to their
jurisdiction the rights recognized in the Covenant, the State party is under an obligation to
proceed to a review of the authors’ claim, taking into account the State party’s obligations
under the Covenant, the Committee’s present Views and the need to obtain assurances from
Bulgaria, as set out in paragraph 7.8 above. The State party is also requested to refrain from
expelling the authors and their baby to Bulgaria while their request for asylum is being
reconsidered.43
10.
Bearing in mind that, by becoming a party to the Optional Protocol, the State party
has recognized the competence of the Committee to determine whether there has been a
40
41
42
43
See Jasin v. Denmark, para. 8.8, and Obah Hussein Ahmed v. Denmark, para. 13.7; and
communication No. 2409/2014, Abubakar Ali et al. v. Denmark, Views adopted on 29 March 2016,
para. 7.7.
See for example, communication No. 1763/2008, Pillai v. Canada, Views adopted on 25 March 2011,
paras. 11.2 and 11.4, and Abubakar Ali et al. v. Denmark, para. 7.8.
See Jasin v. Denmark, para. 8.9, and Abubakar Ali et al v. Denmark, para. 7.8.
See, for example, Abubakar Ali et al v. Denmark, para. 9, and Obah Hussein Ahmed v. Denmark, para.
15.
13