related to accommodation of unaccompanied children in the Sofia Centre for Temporary Accommodation of Foreigners (e.g. Order No. 6445 of Sofia Administrative Court of 29.08.2019). The case-law assumes that after the administrative body has found and accepted as established that the asylum seeker is a minor, the court should consider and apply the rules set out in Article 44(9) of the Foreigners in the Republic of Bulgaria Act and Article 15 of the Child Protection Act. In these cases the body that has issued the order for the coercive administrative measure must notify the respective Social Assistance Directorate for taking a protection measure in accordance with the Child Protection Act. Incompliance with this imperative rule infringes materially the right of protection of the minor. Also, the court upholds the view that assigning adults to unaccompanied minors should not be arbitrary but the facts and circumstances should be examined in full on a case-by-case basis when a child seeking protection is concerned. A similar recommendation was made by the NPM, highlighting the need of early identification of the cases of unaccompanied foreign children in order to avoid arbitrary detention. The court also notes that the administrative body should have gathered evidence from which it can be indisputably established that the specified accompanying person is a parent of the unaccompanied child applying for protection or another adult person who is responsible for the child by law or custom. Although the accommodation of unaccompanied foreign children persists, the NPM notes that specific actions were taken by amending the Implementing Rules of the Foreigners in the Republic of Bulgaria Act (Chapter Two “b” Proceedings against Unaccompanied Foreign Children) aimed to regulate the relationships of the bodies of Migration Directorate and Social Assistance Directorate in regard to cases of unaccompanied foreign children. 2. Registration and Reception Centre in Sofia of the State Agency for Refugees with the Council of Ministers In 2019, the NPM conducted inspections of the Registration and Reception Centre (RAC) in the city of Sofia, International Protection Proceedings (IPP) departments in Ovcha Kupel, Vrazhdebna and Voenna rampa neighbourhoods and in closed-type premises (CTP) in Busmantsi neighbourhood with IPP Vrazhdebna. The NPM found a considerable decrease of the number of applicants for international protection. According to the official statistics of the State Agency for Refugees with the Council of Ministers, in the period 01.01-31.12.2019 the total number of persons seeking protection was 2,152, mainly from Afghanistan, Pakistan, Syria and Iraq. The inspection of the material base in IPP Voenna rampa and IPP Vrazhdebna identified considerable improvement of living conditions. The sleeping and sanitary rooms in the centre in Voenna rampa had been renovated. An overhaul of the bathrooms and sanitary units had been carried out in Vrazhdebna. Action should be taken in IPP Ovcha Kupel for repair of the material base. There were 5 persons accommodated in the CTP in Busmantsi neighbourhood within IPP Vrazhdebna, whose capacity is 30 places. Every applicant for international protection is accommodated in a separate room. The current situation shows compliance of the State Agency for Refugees with the Council of Ministers with the NPM recommendation made in 2018 for elimination of overcrowdedness and provision of private space to all accommodated persons. The NPM did not establish any improvement of the medical care rendered to the foreigners seeking international protection. The three centres have healthcare offices with assigned medical doctors. The healthcare offices are equipped with medicines and consumables for their operations. The NPM found that entry into force of actual health insurance rights for the persons in these centres continue to be delayed up to one month although Article 34(1)(3) 30

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