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
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