15 | PROTECTING STATELESS PERSONS FROM ARBITRARY DETENTION IN BULGARIA
asylum seekers in Bulgaria since 2013,46 detention has
been seen by the Bulgarian authorities as a tool for
migration management. Furthermore, the transposition
of the Recast Reception Conditions Directive has been
seen as an opportunity to extend detention also to asylum
seekers.47 Stateless persons in Bulgaria have so far been
placed in immigration detention both when they have
entered the country to seek asylum, prior to being given
access to the asylum procedure,48 and upon their
detection on the territory of Bulgaria as illegally staying
persons.
The Bulgarian law provides for periodic review of the
length of detention in accordance with Article 15,
paragraphs 4, 5 and 6 of the EU Return Directive. In the
first preliminary ruling request under the EU Return
Directive made in relation to the prolonged detention of
Mr. Kadzoev, a stateless person detained in Bulgaria, the
CJEU stated that a reasonable prospect of removal
“does not exist where it appears unlikely that the person
concerned will be admitted to a third country”49. “It must
therefore be apparent, at the time of the national court’s
review of the lawfulness of detention, that a real prospect
exists that the removal can be carried out successfully,
having regard to the periods laid down in Article 15(5)
and (6) of Directive 2008/115, for it to be possible to
consider that there is a ‘reasonable prospect of removal’
within the meaning of Article 15(4) of that directive.”50
Mr. Kadzoev, a stateless person from Chechenia, spent
over three years in immigration detention in Bulgaria
(from 21 October 2006 until 3 December 2009), after
which he was released back in Bulgaria as an
undocumented migrant. The major change brought by the
Kadzoev case51 has been that it subsequently led also to
the amendment in the Law on Foreign Nationals in the
Republic of Bulgaria in August 2013 (State Gazette
No.70/2013) by which Article 44, paragraph 8 of the
LFRB was changed to explicitly state that “[w]hen in the
light of the particular circumstances of the case it is
established that there is no reasonable possibility for
legal or technical reasons for the forced removal of the
foreigner, the person shall be released immediately”.
2.3 DATA ON STATELESSNESS AND
DETENTION IN BULGARIA
The total number of immigration detainees in Bulgaria in
2012 was 2,477. In 2013 this rose to 7,463. While in
2014 it dropped to 4,810 it rose again in 2015 to
11,902.52 Furthermore, in 2015, there were 15,760
persons detained at the so-called ‘Redistribution Centre’
at Elhovo near the Bulgarian-Turkish border.53
In the first five months of 2016, the total number of
detainees at the three detention centres in Bulgaria has
been as follows (see Table 1):
Table 1: Total (cumulative) number of detainees in
Bulgaria in the period from January to May 2016
Detention Centre
Number of detainees
Bousmantsi (Sofia)
1,517
Lyubimets
1,610
Elhovo
4,363
On 31 May 2016 the Ministry of Interior reported that
there were 585 detainees in Bulgaria, while the
detention capacity in the country is 940 detainees.54
Regarding detainees belonging to vulnerable groups,
detailed information and official statistics are provided in
Section 3.5 below.
As pointed out above, upon detention in Bulgaria
stateless persons are usually assigned to a country of
origin that they are deemed to have come from or have
some cultural or historical link with. In the removal and
detention orders stateless persons are identified as
citizens of those countries.55 Therefore the validity of
official statistical data regarding stateless persons in
detention should be addressed with caution. According to
the Ministry of Interior statistics,56 the number of
stateless persons in detention varies from one person to
38 persons annually in the period from 2007 until 2016.
The exact numbers are provided in Table 2 below.
Table 2: Number of stateless detainees in Bulgaria by
detention centre
Lyubimets
Elhovo
2007
Bousmantsi
(Sofia)
1
-
-
2008
9
-
-
2009
6
-
-
Year
2010
10
-
-
2011
4
1
-
2012
6
20
-
2013
16
22
-
2014
1
3
7
2015
13
9
9
1.01.31.05.2016
As of 15 June
2016
2
0
0
3
0
3
According to the reply by the Ministry of the Interior,57
the average length of detention of the stateless persons
in the table above has been 118.5 days in the Bousmantsi
(Sofia) detention centre, 28 days in the Lyubimets
detention centre and seven days in the Elhovo detention
centre. In comparison, the average length of detention for
all detained migrants in the Bousmantsi (Sofia) detention
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