CCPR/C/118/D/2608/2015
socioeconomic status in Bulgaria and that the information provided by the authors with
respect to the health problems of the male author could not lead to a different conclusion. In
that connection, the Board noted that the author is a young man and considered that it could
be assumed that he would obtain the necessary medical treatment for his heart condition in
Bulgaria.
2.9
On 31 July 2015, the authors requested the Board to reopen their case, indicating
that they had not applied for asylum in Bulgaria and that they would have to live on the
streets with their child if returned to Bulgaria. On 31 August 2015, the Board rejected the
request to reopen the case, as no substantial new information had been provided by the
authors.
The complaint
3.1
The authors allege that their deportation to Bulgaria will put them at risk of inhuman
and degrading treatment, in violation of article 7 of the Covenant, as they would face
homelessness, destitution, lack of access to health care and to personal safety. The authors
further indicate that they must be regarded as extremely vulnerable, as they have a new
baby, born on 1 October 2015, and the male author suffers from a serious heart condition.
They allege that he needs permanent health care (echocardiography control every six
months and urgent hospitalization to have a telemetry monitoring in case of need), and that
he would therefore be at risk of death if no regular medical treatment was provided.
3.2
The authors also allege that there is no effective integration programme for refugees
in Bulgaria and that refugees face serious poverty, homelessness and limited access to
health care. They submit that the last integration programme was finalized in 2013 and that
refugees are left in the void without sufficient support from the authorities for social
inclusion and integration into society. 12 Furthermore, while according to domestic
legislation, persons who have been granted refugee status have access to the labour market,
health-care system, social services and assistance in finding housing, it is actually almost
impossible for them to find work or a place to live. In addition, refugees must provide an
address to get access to social services, which is almost impossible for them to obtain. 13 The
authors further submit that they felt a difference in their situation before and after their
residence permit were granted: before, they lived in poor conditions at the reception facility
and were provided with a little pocket money. However, once the permit was issued, their
situation deteriorated, as the payments were stopped and they had nowhere to live. 14 They
refer to a report by UNHCR, according to which there is a gap between asylum seekers and
recognized refugees, or persons who have been granted subsidiary protection, in terms of
access to health care, because the update of their health-care status can take up to two
months. Refugees also have to pay a monthly fee (approximately €8.7), which most
families are not able to pay. In addition, medicines and psychosocial care are not covered. 15
12
13
14
15
The authors refer to Tsvelina Hristova and others, “Trapped in Europe’s quagmire: the situation of
asylum seekers and refugees in Bulgaria” (Bordermonitoring.eu, 2014) and to a document of the
Danish Refugee Council, Notat om forhold for asylansøgere og flygtninge i Bulgarien, available from
https://flygtning.dk/media/1309372/nyhedsbrev-11.pdf. The authors submit that according to this
report, the previous Government adopted a strategy plan for 2014 and onwards, which currently lacks
the follow-up of an action plan with allocated funds.
The authors refer to Asylum Information Database, “National country report: Bulgaria” (April 2014)
and UNHCR, “Where is my home? Homelessness and access to housing among asylum seekers,
refugees and persons with international protection in Bulgaria” (2013), pp. 11-13.
The authors cite Human Rights Watch, “Containment plan: Bulgaria’s pushbacks and detention of
Syrian and other asylum seekers and migrants” (April 2014), p. 5.
The authors refer to “Bulgaria as a country of asylum. UNHCR observations on the current situation
of asylum in Bulgaria”, p. 12.
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