NPM STRUCTURE AND WORK
The National Preventive Mechanism and Fundamental Rights and Freedoms Directorate has
been set up in the Ombudsman institution. The multidisciplinary team comprises lawyers, a
psychologist, a physician (MD), as well as a public administration expert.
The amendments to the Foreign Nationals in the Republic of Bulgaria Act (SG no. 23/2013)
created a new obligation for the Ombudsman: monitoring coercive administrative actions
imposed on foreigners, namely:
1. forced return, and
2. expulsion.
The amendment transposes a requirement of Directive 2008/115/EC of the European
Parliament and of the Council of 16 December 2008 on common standards and procedures in
Member States for returning illegally staying third-country nationals. Pursuant to Article 8(6) of
the Directive, “Member States shall provide for an effective forced-return monitoring system”.
In relation to these duties, the Ombudsman of the Republic of Bulgaria and the Ministry of
Interior signed an Agreement for cooperation in monitoring forced return of illegally residing
third-country nationals.
In 2015 the NPM monitored one forced return operation of Pakistani nationals organised by
Bulgaria and coordinated by the European Agency for the Management of Operational
Cooperation at the External Borders of the Member States of the European Union (Frontex).
At present the Ombudsman avails of no budget to secure permanent monitoring of forced
return. In 2016 the Ombudsman will look for other forms of financing to further build capacity to
perform this important human rights duty.
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