6 | PROTECTING STATELESS PERSONS FROM ARBITRARY DETENTION IN BULGARIA
Mr T. was tortured in his country of origin
and was deprived of his Afghan nationality.
He was granted refugee status in Bulgaria
and has lived in the country over the last 16
years. Mr. T. has a stable 13-year family
relationship with a Bulgarian citizen. In May
2015 he was issued an order for expulsion
from Bulgaria on national security grounds,
because of his alleged involvement in human
smuggling. Since then he has been detained.
Mr. T. suffers from chronic bronchial asthma
and uses an inhalator twice a day. He also
suffers from high blood pressure, heart
problems and sleep epilepsy. A medical
expert report appointed by the Court
concluded that “the sanitary conditions in
which the person is currently
accommodated are incompatible with his
health – there is a real risk of worsening of
his diseases, and in the near future this might
lead to respiratory and cardiac failure”.1
Nevertheless, Mr. T. continues to be in
detention, and has been for about sixteen
months as of September 2016.
Mr S. is a rejected asylum seeker in Bulgaria.
His parents were Iraqi nationals. He was born
in an Iraqi prison, because his father was
“against the regime of Saddam Hussain”.
Therefore, the whole family - his father, his
pregnant mother and his sister - were
imprisoned for eight months. His father was
separated from the rest of the family and they
never saw him again. Mr. S. was born in the
sixth month of his mother’s imprisonment.
“They did not release us from prison, but
expelled us to Iran”. Mr. S. was forty days old
when his family was expelled to Iran in 1982.
According to Iranian legislation, his mother
could not pass her citizenship to him; only his
father could do that. “We do not have proof
that your father was Iranian, therefore we
cannot grant you any documents”, the Iranian
authorities told him when he grew up. His
sister subsequently married an Iranian man
and obtained Iranian citizenship through
marriage. However, Mr. S. remained stateless
and did not even have the right to marry the
woman whom he loved in Iran. Mr. S. arrived in
Bulgaria in 2011, where he approached the
Iraqi embassy and was issued an official
document stating that he is not a citizen of
Iraq. Currently Mr. S. is employed illegally in
Bulgaria. “My biggest fear is to be arrested and
sent to prison, because I do not have
documents”, he told us.
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