16 | PROTECTING STATELESS PERSONS FROM ARBITRARY DETENTION IN BULGARIA
centre in the period from 2012 until April 2016 has been
40 days.58
The number of negative responses in this regard is listed
in Table 3 below.
Regarding detention of persons of ‘unknown
citizenship’, the official replies of the Ministry of the
Interior are contradictory. In a freedom of information
decision of 14 October 2015, the Ministry of the Interior
replied that taking 9 October 2015 as a reference point,
there were two persons of ‘unknown citizenship’ and one
stateless person in detention.59 However, in its freedom
of information decision of 21 June 2016, the Ministry of
Interior replied that for the period 2007 – 31 May 2016,
no persons of ‘unknown citizenship’ were detained.
Table 3: Number of negative answers to readmission
requests made by Bulgaria by year
There is no other statistical data on the nationality of
immigration detainees besides that collected by the
Bulgarian government. Upon their monitoring visits to
the Bulgarian detention centres, UNHCR representatives
employ the data provided to them by the Bulgarian state
authorities.60
Going back to the statistics for the year 2015, the
statistical data collected on efficiency of detention for the
purpose of removal is as follows: 755 persons have been
removed, for 16 persons there have been negative
readmission answers, while 11,902 individuals have been
in the regular detention centres of Bousmantsi and
Lyubimets. It therefore remains unknown what has
happened with the outstanding 11,131 persons.
In 2015 there were 11,902 detained persons in the
Bousmantsi and Lyubimets detention centres in Bulgaria,
but only 755 of them were removed from Bulgarian
territory.61 In a freedom of information request under
this study, we asked the Ministry of Interior the number
of detainees who have been released following detention,
because their removal order was not implemented due to
the impossibility to obtain the necessary documentation
from third countries. The Ministry of the Interior replied
that “there are no statistics on release from detention on
this criterion”. We asked the Ministry of Foreign Affairs of
the Republic of Bulgaria what statistical data is collected
regarding the documents provided by third countries for
the return of their citizens. The Ministry of Foreign
Affairs replied62 that it does not collect any statistics in
this regard, although it plays a role in the communication
with those countries. The Ministry of Foreign Affairs also
stated that it does not have information on the number of
positive and negative answers to the requests addressed
to third countries to provide documents for the return of
their citizens. For further information in this regard, the
Ministry of Foreign Affairs forwarded the freedom of
information request to the Ministry of Interior. In a
follow-up reply to the forwarded questions, the Ministry
of Interior stated63 that the General Directorate ‘Border
Police’ is the competent body within the Ministry of
Interior structure to implement the readmission
agreements concluded by Bulgaria. Therefore, the answer
to the posed questions was narrowed down to the
implementation of readmission agreements. The Ministry
of Interior replied that the refusals to readmit third
country nationals upon requests made by Bulgaria have
been based on two main grounds: either the persons
cannot be identified as citizens of the requested country
or there is not sufficient proof that the foreign nationals
have resided on the territory of the requested country.
Year
Number of refusals to readmit
2014
17 (14 by Pakistan, 1 by Russia and 2 by Greece)
2015
16 (10 by Pakistan, 1 by Serbia and 5 by Greece)
2016 (up to
31 May)
18 (8 by Pakistan and 10 by Greece)
According to the SAR, in 2015 there were 125 stateless
persons who sought asylum in Bulgaria. In 2015 the
chairman of SAR issued 162 decisions on applications for
asylum by stateless persons: in 68 of them SAR granted
refugee status, in 26 of them SAR granted subsidiary
international protection, in 15 of them SAR rejected the
asylum application and in 53 of them SAR discontinued
the asylum procedure.64
Regarding the number of stateless residents in Bulgaria,
the Ministry of Interior provided statistics of those who
are lawfully residing (see Table 4 below).65
Table 4: Number of residence permits issued to
stateless persons in Bulgaria by year
Year
Continuous
residence66
Permanent
residence
Long-term
residence
2007
49
14
-
2008
41
21
-
2009
33
8
-
2010
33
16
-
2011
23
16
-
2012
26
15
-
2013
40
20
-
2014
57
6
-
2015
67
14
-
01 January –
31 May 2016
23
2
-
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