28 | PROTECTING STATELESS PERSONS FROM ARBITRARY DETENTION IN BULGARIA
4. CONCLUSION AND
RECOMMENDATIONS
The issue of statelessness is gradually gaining momentum
following Bulgaria’s February 2012 accession to the
1954 Convention relating to the Status of Stateless
Persons and 1961 Convention on the Reduction of
Statelessness. Bulgaria does not yet have a statelessness
determination procedure in its national legislation, but a
draft law was tabled in Parliament in 2016. While these
developments are welcome and should be encouraged,
there are a range of issues that expose stateless persons
to a high risk of arbitrary detention in Bulgaria. The
Bulgarian authorities do not yet identify statelessness
before subjecting persons to immigration detention. The
destination country, to which an illegally staying person is
to be removed, is determined in the process of enforcing
the removal order, after detaining the person. On the
other hand, upon detention stateless persons are often
‘assigned’ to a certain country of origin, from which they
have come to Bulgaria. This practice not only makes it
difficult to measure the exact number of stateless
detainees in Bulgaria. It also contributes to the prolonged
and unnecessary detention of stateless persons. By law
and in practice, in issuing a detention order the
authorities do not consider the existence of reasonable
prospects to implement the removal order. As detention
is usually imposed automatically along with the removal
order, the right to be heard as part of the rights of the
defence of detainees is not respected. Although the law
formally stipulates that detention is a measure of last
resort and it can be imposed provided that less coercive
measures could not be applied effectively, that provision
remains only on paper. Detention is applied as a measure
of first resort, while alternatives to detention are
considered last. When extending the length of detention
in six-month blocks (up to 18 months), Bulgarian courts
do not exercise strict scrutiny as to whether the
authorities have taken reasonable actions with due
diligence in order to implement the removal order. In the
majority of cases the burden of proof has been shifted to
the detainee to prove that there is no reasonable
prospect of removal. As stateless persons tend to be
detained for longer periods, they have to endure poor
conditions of detention for longer as well. No
improvement in the conditions in Bulgarian immigration
detention centres has been documented over the years.
Some of the accounts amount to inhuman and degrading
treatment. It is particularly worrisome that Bulgaria
detains large numbers of unaccompanied and
accompanied children, in spite of the legal ban on
detention of unaccompanied children. Finally, even when
released back in Bulgaria, stateless persons, like
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