CCPR/C/118/D/2569/2015 The complaint 3.1 The authors claim that Denmark would violate its obligations under article 7 of the Covenant by forcibly returning them and their minor children to Bulgaria, where they would be exposed to inhuman or degrading treatment, contrary to the best interests of the child, as they would face homelessness, destitution, lack of access to health care and lack of personal safety in Bulgaria, where they would not find any durable humanitarian solutions. 5 B.M.I. also fears for the well-being of his family, since his wife suffers from suicidal tendencies owing to depression, and he fears that she would commit suicide if they were to be returned to Bulgaria. He also submits that their eldest daughter suffers psychological problems owing to their experiences in the Syrian Arab Republic and Bulgaria; that she has breathing difficulties, is scared and is seen regularly by a nurse, and that they are therefore vulnerable and should be treated accordingly. 6 3.2 The authors also refer to various reports by the Office of the United Nations High Commissioner for Refugees (UNHCR) and the Asylum Information Database on conditions in Bulgaria.7 According to those reports, there is no effective integration programme for persons who have been granted refugee status or subsidiary protection in Bulgaria and they face poverty, homelessness and limited access to health care and schooling if returned to Bulgaria. The reports also indicate that Bulgaria currently faces serious problems of xenophobic violence and harassment, and that the violence remains unaddressed by the authorities. That situation subjects asylum seekers and refugees to a serious risk of acts of racism and xenophobic violence, as they cannot effectively seek protection from the competent Bulgarian authorities.8 3.3 The authors refer to the Committee’s general comment No. 20 (1992) on the prohibition of torture or other cruel, inhuman or degrading treatment or punishment, according to which it is the duty of the State party to afford everyone protection against the acts prohibited by article 7 of the Covenant, whether inflicted by people acting in their official capacity or in a private capacity. The authors also refer to the reports, according to which the principle of the country of first asylum can be applied only if, upon return to the country of first asylum, asylum seekers are permitted to remain there and are treated in accordance with recognized basic human standards until a durable solution is found for them.9 5 6 7 8 9 4 The authors cite the European Court of Human Rights, M.S.S. v. Belgium and Greece (application No. 30696/09), judgment adopted on 15 December 2010, and Samsam Mohammed Hussein and others v. the Netherlands and Italy (application No. 27725/10), decision adopted on 2 April 2013. No medical details have been provided to the Refugee Appeals Board for the youngest daughter. See 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, and “Bulgaria as a country of asylum. UNHCR observations on the current situation of asylum in Bulgaria”, (January 2014, updated in April 2014). See also Asylum Information Database, “National country report: Bulgaria” (April 2014), pp. 10-13, and Human Rights Watch, “Containment plan: Bulgaria’s pushbacks and detention of Syrian and other asylum seekers and migrants” (April 2014). See Tsvetelina Hristova and others, “Trapped in Europe’s quagmire: the situation of asylum seekers and refugees in Bulgaria”, (Bordermonitoring.eu, 2014), p. 22. See also that on 11 March 2014, the European Court of Human Rights ruled, in Abdu v. Bulgaria (application No. 26827/08), that the Bulgarian authorities had failed to properly investigate the potentially racist nature of an attack on a Sudanese national. The Court held that there had been a violation of articles 3 and 14 of the European Convention on Human Rights. See “Trapped in Europe’s quagmire”, p. 6, and conclusion No. 58 of the Executive Committee of UNHCR on the problem of refugees and asylum seekers who move in an irregular manner from a country in which they had already found protection (A/44/12/Add.1, para. 25).