Advance unedited version CCPR/C/132/D/2787/2016 Annex Joint opinion by Committee members José Manuel Santos Pais, Hélène Tigroudja and Duncan Laki Muhumuza (dissenting). We regret not being able to concur with the Committee’s decision of finding that the authors’ and their children’s removal to Bulgaria would not violate their rights under article 7 of the Covenant. 1. 2. The communication was presented by Mr. J.R.R. and his wife, both nationals of Syria and of Kurdish ethnicity, on their behalf and on behalf of their two minor children, born in October 2005 and January 2004 (para 1.1). They claim that, if deported to Bulgaria, their family would be at risk of irreparable harm, in violation of their rights under article 7 and article 24 of the Covenant on Civil and Political Rights (para 1.2). 3. The authors left Syria in 2014, after experiencing the war there, and entered Bulgaria from Turkey in October of the same year, where they were harassed and threatened, particularly the female author, by the smuggler who was to help them reach Denmark and wanted to receive his pay first. They managed however to reach Denmark in June 2015. 4. While living in Bulgaria, the authors were granted refugee status and a residence permit. However, although staying at an asylum centre, they and their children experienced very difficult conditions and feared having to be forced to live on the streets without any access to support from Bulgarian authorities (paras 2.4-2.5). 5. Contrary to the Committee’s findings, we believe that the authors and their children will face a risk of irreparable warm if returned to Bulgaria due to several concurrent factors. 6. Their residence permit expired in April 2020 (paras 4.5, 8.5) and it is not clear what consequences this will have on the authors’ return. 7. There seems to be no effective integration programs in place in Bulgaria, for refugees or persons with subsidiary protection status, and the authors will most probably face serious poverty, since it is most difficult to find work, as the State party acknowldeges, not only due to language barriers but also to a high unemployment rate (paras 3.4, 4.9). The authors will also have limited access to health care (para 3.4) and access to health insurance must be paid by their beneficiaries (para 4.9). The authors will no longer be entitled to accommodation in reception centres on their return (paras 5.9, 7.5) and they may therefore face harsh living conditions, homelessness and destitution. 8. They will also have difficulty in accessing private housing as they are foreigners. Their access to social services will consequently be jeopardized as beneficiaries are required to have a permanent address (para 3.4), which the authors will have difficulties in guaranteeing. 9. The authors will most certainly face, on their return to Bulgaria, hate speech, racist motivated violence and hostility vis-à-vis foreigners (paras 3.4, 7.7-7.8), which seem to be growing alarmingly, with possible risks to the personal integrity and safety of the whole family. Violent actions of this nature seem to be often unaddressed by the authorities. 10. Over and above these risk factors, one cannot exclude further threats and harassment by the trafficking in human beings’ criminal networks operating in Bulgaria, as reflected by the previous threats of the smuggler who helped them in, which may resurface. 11. Moreover, general conditions seem to be bad for foreigners in Bulgaria, as acknowledged by the State party (para 4.7), with no accommodation, social support, medical insurance and vocational training available for them, as attested by several international organizations. Even integration programmes for refugees were suspended in 2014 (paras 4.9, 5.7-5.8, 7.4). 15

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