CCPR/C/118/D/2569/2015
be offered housing and access to paid work or allocation until a job is found. The authors
state that this basic minimum is not accessible in Bulgaria.
5.3
In relation to the living conditions in Bulgaria, the authors submit that the State
party is mistaken when it considers that residents of reception centres are being allowed to
remain in the centres for longer periods after being granted refugee or humanitarian status.
They reiterate that persons holding valid protection status face severe difficulties in
Bulgaria in finding basic shelter, access to sanitation facilities and food. The authors refer
to a report by the Commissioner for Human Rights of the Council of Europe following his
visit to Bulgaria, according to which the system to support the integration of refugees and
other beneficiaries of international protection in Bulgarian society still suffers from serious
deficiencies. In his report, the Commissioner further stated that several hundred persons
who had been recognized as refugees remained in reception centres because they lacked the
means to live independently. The authorities allowed them to stay in the centres for a period
of up to six months after they had been granted refugee status. 23 The authors further cite an
Amnesty International report, which found that recognized refugees faced problems in
accessing education, housing, health care and other public services. 24 The authors therefore
submit that living conditions for recognized refugees suffer from serious deficiencies and
that refugees face serious integration challenges which threaten their enjoyment of social
and economic rights, including a serious risk of becoming homeless, high levels of
unemployment, no real access to education and problems in accessing health-care services.
In addition, the authors state that their living conditions in Bulgaria upon their return would
be even worse than before their departure to Denmark, because they would be excluded
from the reception facilities for having previously used them.
5.4
In relation to the decision of the European Court of Human Rights in Samsam
Mohammed Hussein and others v. the Netherlands and Italy, the authors argue that the
issue at stake is not the reduced material and social living conditions, but rather the living
conditions in Bulgaria being below basic humanitarian standards, as required in conclusion
No. 58 of the UNHCR Executive Committee on the problem of refugees and asylum
seekers who move in an irregular manner from a country in which they had already found
protection. The authors assert that they have already lived and experienced life as refugees
in Bulgaria, where they did not receive any financial or medical assistance. It was only
because they had assistance from their family in the Syrian Arab Republic that they were
not homeless.
5.5
The authors argue that the decision of the European Court of Human Rights in
Tarakhel v. Switzerland is relevant to their case, as the Court found that if there were no
proper reception facilities adapted to children, “the conditions in question would attain the
threshold of severity required to come within the scope of the prohibition under article 3 of
the European Convention on Human Rights.” The authors consider that individual
guarantees, especially securing returning children from destitution and harsh
accommodation conditions, are required according to the Court.
5.6
The authors further refer to the Committee’s Views adopted in Jasin et al. v.
Denmark, in which the Committee emphasized that States needed to give weight to the real
and personal risk a person might face if removed. That required an individualized
assessment of the risk faced by that person, rather than reliance on general reports and on
the assumption that having been granted subsidiary protection in the past, the person would
in principle be entitled to work and receive social benefits. 25
23
24
25
See “Report by Nils Muiznieks, Commissioner for Human Rights of the Council of Europe, following
his visit to Bulgaria from 9 to 11 February 2015” (June 2015), pp. 28-29.
See Amnesty International, The State of the World’s Human Rights 2014/2015.
Communication No. 2360/2014, Views adopted on 22 July 2015, para. 8.9.
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