24 | PROTECTING STATELESS PERSONS FROM ARBITRARY DETENTION IN BULGARIA was released from detention as late as on 27 March 2012, after he had spent nearly seven years in immigration detention. He admits that his helpless experience in Bulgaria “makes [him] angry”. Mr. A.’s case reveals that the one alternative to detention that currently exists in Bulgaria is not feasible in cases of persons who have entered the country shortly before their detention and have no social links in it. One solution could be the amendment of the conditions for allowing the alternative measure of weekly reporting. A preferred solution is the introduction of new alternatives to detention that are in line with respect for human rights.106 As highlighted in the ENS Regional Toolkit107, for detention to not be arbitrary, it must be necessary and it must be a proportionate means of achieving the legitimate objective. This proportionality obligation compels the state to always explore alternatives and to impose detention only as a measure of last resort. The practice in Bulgaria, however, reveals that alternatives are sought, only after removal has not been possible within a reasonable period of time and/or only upon a subsequent application by the person who has already been placed in detention. Despite the recognition of different types of vulnerability under the law, in the official statistics of the Ministry of Interior, there are only the following five categories of vulnerable groups of detainees: minors under 14 years old, minors over 14 years old, elderly persons, ill persons and pregnant women. These are also the types of vulnerable groups of detainees with regard to whom the Ministry of Interior provided statistics in reply to our freedom of information request.110 The numbers of these detainees is provided in Table 7 below. A conclusion can be drawn that no identification of the other types of vulnerability is conducted upon or during detention. Table 7: Types and numbers of vulnerable persons detained in Bulgaria by year Year 2013 The second legal definition that directly applies to immigration detainees is found in Paragraph 1.4.b of the Additional Provisions to the Law on Foreign Nationals in the Republic of Bulgaria. The provision reads that “[v]ulnerable persons are minors, unaccompanied minors, persons with disabilities, the elderly, pregnant women, single parents with minor children and persons who have been subjected to torture, rape or other serious forms of psychological, physical or sexual violence”. Stateless persons are not considered to be a vulnerable group under Bulgarian law. At the same time, however, as confirmed by this study, stateless persons are vulnerable to prolonged and unnecessary detention.109 Persons in the Lybimets centre Persons in the Elhovo centre 170 307 788 55 155 599 8 12 - - 20 - - 5 - 115 32 939 106 57 857 2 1 - - - - - - - 321 511 1942 650 940 2535 1 5 - 1 - - - - - 188 272 500 146 283 322 4 10 - Ill persons 2 - - Pregnant women 3 5 - Minors under 14 years old Minors over 14 years old Elderly persons Ill persons 3.5 VULNERABLE GROUPS The Bulgarian national law has two legal definitions for vulnerable groups of foreigners. One of them is found in the asylum legislation, the Law on Asylum and Refugees, which refers to Article 21 of Directive 2013/33/EU.108 According to this definition, vulnerable persons are inter alia ”minors, unaccompanied minors, disabled people, elderly people, pregnant women, single parents with minor children, victims of human trafficking, persons with serious illnesses, persons with mental disorders and persons who have been subjected to torture, rape or other serious forms of psychological, physical or sexual violence, such as victims of female genital mutilation”. The list is not an exhaustive enumeration. The law requires that the special reception needs of vulnerable asylum seekers are taken into account by the state. Persons in the Bousmantsi (Sofia) centre Vulnerable group 2014 Pregnant women Minors under 14 years old Minors over 14 years old Elderly persons Ill persons 2015 Pregnant women Minors under 14 years old Minors over 14 years old Elderly persons Ill persons Pregnant women Minors under 14 years old Minors over 14 years old 01.01.2016- Elderly 31.05.2016 persons