10 | PROTECTING STATELESS PERSONS FROM ARBITRARY DETENTION IN BULGARIA
importance by the Migration Directorate at the Ministry
of the Interior, which is the main decision-making
authority in the field of removal and detention, and the
Consular Directorate at the Ministry of Foreign Affairs,
which assists the process of obtaining travel documents
for the removal of immigration detainees. Both
institutions declined invitations for interviews, but sent
written replies, which are analysed in the report.
Furthermore, the Directorate on Bulgarian Citizenship at
the Ministry of Justice and the Commission at the
Administration of the President of the Republic have sent
information in writing instead of agreeing to give an
interview.
We are most grateful to the stateless persons who have
agreed to take part in the research and have enhanced
our understanding of the issue through sharing their
personal experiences with us.
1.3 STATELESSNESS AND DETENTION IN
BULGARIA
Bulgaria does not yet have a statelessness determination
procedure in its national legislation, but a new draft law
has been adopted by the Parliament on 15 June 2016.
Bulgaria acceded to the 1954 Convention and the 1961
Convention on the Reduction of Statelessness (1961
Convention) in February 2012. While the transposition of
the 1954 Convention in concrete national law provisions
is an act that is welcome, especially after four years of
hesitance in this regard, the definition of a stateless
person in the current draft law is inconsistent with the
international law definition. We will look at this more
closely later in section 3.1. of the report.
The Republic of Bulgaria is a member state of the Council
of Europe. The ECHR was ratified by Bulgaria and
entered into force on 7 September 1992. Bulgaria is also
a member state of the EU since 1 January 2007. It is
bound by the human rights standards in the European
Charter of Fundamental Rights, and by EU legislation in
the migration and asylum field, in particular, the EU
Return Directive8 and the EU recast Reception
Conditions Directive.9 The adoption of the EU Return
Directive brought substantial improvement to the
protection of immigration detainees in Bulgaria. Before
the transposition of the EU Return Directive in Bulgaria
in 2009, there was no time limit to immigration detention
in the country and the Supreme Administrative Court
(SAC) considered judicial review of detention orders to be
inadmissible. Currently the awareness and knowledge of
the public and the authorities with regard to immigration
detention is much higher, but this report also reveals
many areas in which progress has still to be made.
In Bulgaria detention of stateless and unreturnable
persons takes place within the general immigration
detention regime. There is no specific legal regulation
that provides for specific guarantees for the protection of
stateless persons. Stateless persons in Bulgaria have been
placed in immigration detention both when they have
entered the country irregularly, prior to being given
access to the asylum procedure, and upon their detection
on the territory of Bulgaria as illegally staying persons. As
a matter of long-standing practice, removal orders are
usually accompanied by detention orders, without an
examination of less coercive measures. With the
substantial increase of asylum seekers in Bulgaria since
2013, detention has been seen by the Bulgarian
authorities as a tool for migration management. At the
time of drafting this report, in September 2016, Bulgaria
is in the process of formally introducing an additional type
of immigration detention lasting up to thirty days, the
purpose of which is “to conduct the initial identification
and establishment of identity and to assess the
subsequent administrative measures that should be
imposed or taken”10 with regard to migrants who have
entered the country irregularly. The maximum time limit
of ‘regular’ immigration detention in Bulgaria is eighteen
months, broken down into six month blocks.
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