Advance unedited version CCPR/C/132/D/2787/2016
applications for asylum, and the authors’ communication of 15 July 2016 and observations
of 28 February 2017. The State party hence refers to its observations of 23 December 2016
and additional observations of 18 August 2017.
8.2
As regards the authors’ reference to various background reports on the conditions for
refugees in Bulgaria, the State party argues that the Board has a comprehensive collection of
general and regularly updated background material on the situation in countries to which
asylum-seekers can be returned if their individual applications for asylum in Denmark are
refused pursuant to section 29b of the Aliens Act. Such materials by the Board contain
information on the conditions for refugees in Bulgaria, including the “Questions for UNHCR
Bulgaria regarding the situation for asylum seekers and refugees in Bulgaria – UNHCR
Response”, referred to by the authors in their additional observations, as well as more recent
reports such as AIDA: Country Report: Bulgaria, January 2019 (last updated 13 February
2019), US Department of State: Bulgaria 2018 Human Rights Report, 12 March 2019 and
Global Detention Project: Country Report – Immigration detention in Bulgaria: Fewer
Immigrants and Refugees, More Fences, April 2019.
8.3
The information put forward by the authors on the conditions for refugees in Bulgaria
has been subject to the Board’s evaluation, however the referred material does not provide
any information showing that the general conditions in Bulgaria have changed in a way
leading the Board to change its decision of 18 July 2016. The State party added that the
referred UNHCR document only contains information on the general conditions in Bulgaria,
not concerning this specific case.
8.4
As regards the alleged lack of access to effective integration programmes and risk of
homelessness due to a lack of accommodation upon their return to Bulgaria, the State party
reiterates its observations of 23 December 2016, and attaches the updated information on
refugee integration measures and social services available to refugees in Bulgaria from the
State Agency of Refugees in Bulgaria. In case an alien with granted international protection
wishes to sign an integration agreement with a Mayor of municipality who has applied for
conclusion of such agreement, the Mayor provides assistance for accommodation within the
frames of his competence (para. 4.10).
8.5
The State party observes that, due to the Committee’s request to refrain from deporting
the authors while their case is under consideration by the Committee, the authors – despite
being recognized as refugees in Bulgaria, have at present been staying in Denmark for almost
three years since having their application for asylum decided on in two instances by the
Danish authorities. It recalls the fact that the authors’ Bulgarian residence permit expires on
17 April 2020. Therefore, the Government respectfully requested the Committee to consider
the admissibility and merits of the case in a timely manner, allowing the case to be resolved
while the authors’ Bulgarian residence permit is still valid.
8.6
The authors’ additional observations do not contain information that would preclude
them from taking up residence in Bulgaria as their country of first asylum. Therefore, it will
not constitute a violation of article 7 of the Covenant to deport the authors and their children
to Bulgaria.
Issues and proceedings before the Committee
Consideration of admissibility
9.1
Before considering any claim contained in a communication, the Committee must
decide, in accordance with rule 97 of its rules of procedure, whether the communication is
admissible under the Optional Protocol.
9.2
As required under article 5 (2)(a), of the Optional Protocol, the Committee has
ascertained that the same matter is not being examined under another procedure of
international investigation or settlement.
9.3
The Committee recalls its jurisprudence to the effect that authors must avail
themselves of all domestic remedies in order to fulfil the requirement of article 5 (2)(b) of
the Optional Protocol, insofar as such remedies appear to be effective in the given case and
11