Author
Overall living conditions
In previous years, the detention centres were frequently overcrowded due to the increase of the number of asylum applications and to the delayed release for registration of detained asylum seekers. In mid- 2023, pre-removal detention centres were once more close to reaching their maximum capacity, while the overall number of persons in detention gradually increase from 119 persons at the end of 2019, to 337 at the end of 2020, 728 at the end of 2021, 704 at the end of 2022 out of 16,767 detainees and 387 out of 18,554 detainees at the end of 2023 in total placed in both national detention centres throughout the year.[1]
Overall conditions with respect to means to maintain personal hygiene as well as general level of cleanliness remain unsatisfactory. In 2017, it was reported that the number of showers and toilets available was not sufficient to meet the needs of the detained population, especially when premises are overcrowded.[2] Detainees are allowed to clean the premises themselves. However, they are not provided with means or detergents, which they have to buy at their own expenses. Clothing is provided only if supplied by NGOs. Bed linen is not washed on a regular basis, but usually once a month.
Nutrition is poor, no special diets are provided to children or pregnant women. Health care is a major issue as not all detention centres have medical staff appointed on a daily basis. A nurse and/or a doctor visits detention centres on a weekly basis, but the language barrier and lack of proper medication make these visits almost a formality and without any practical use for the detainees.
The UN Subcommittee on Prevention of Torture 2021 report established[3] that: “Varied food is delivered daily on site, in compliance with the requirements of a healthy diet, including meat and dairy products with a reduced content of fat and salt. Fresh fruits and vegetables are delivered daily. The food is packaged in portions in single-use boxes, with the corresponding. In 2022 the Ombudsperson[4] reported that cutlery placed in isothermal containers, ensuring the preservation of the original temperature. If there is a medical prescription, diet food is provided.”[5]
Access to open-air spaces is provided twice a day for a period of one hour each, the spaces in all detention centres are of adequate size. Children in detention centres are using the common outdoor recreational facilities, but not many possibilities for physical exercise exist except the usual ball sports. Reading and leisure materials are provided if only supplied by donations. Computer / internet access is not available in any of the detention centres.[6]
Similar to Busmantsi, communal toilets in Lyubimets were reported to be locked and inaccessible at night. Toilets and showers for women and families with children, though freely accessible, have been found to be dilapidated, dirty and flooded. The collective showers for men, recently refurbished and located in the basement, were accessible in groups twice a day.
Staff interpreters are not required by law, nor provided in practice. Verbal abuse, both by staff and other detainees, is reported often by the detainees. In 2021, as in previous years, detainees have complained about the lack of tailored and translated information and uncertainty on their situation.[7] This has led to risks of re-traumatisation for persons with vulnerabilities.[8] In 2022, the Ombudsperson[9] reported that no staff translators were assigned in both national detention centers, but some of the employees working there were enrolled in language courses in order to have better communication with the residents, and if necessary the services of contracted translators were used. Similar findings were stated in UN CAT Subcommittee report from its 2021 visit.[10]
With regard to material conditions, the report of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) focusing on immigration detention facilities in Bulgaria, published in July 2019, stressed that some improvements were observed by the delegation at Busmantsi and Lyubimets centres since the CPT’s previous visit in 2018, but this is mainly due to the fact that both establishments were operating well below their official capacities.[11] Moreover, the CPT did not find any improvement in the provision of healthcare to detained foreign nationals at the Busmantsi and Lyubimets detention centres, where the only positive changes were the 24/7 staff presence and the clean infirmary in Lyubimets (as opposed to the infirmary in Busmantsi). The medical equipment was found to be very scarce and often out of order, while the range of free-of-charge medication was also very limited, with expired medicine and restricted access to specialist care. The CPT was particularly concerned by the lack of access to psychiatric care, which is limited to emergencies. The CPT thus urged for measures to address these deficiencies.[12]
In 2021, the report of the UN Subcommittee on Prevention of Torture established[13] ongoing efforts to improve conditions in the detention centers, including trough activities funded under the emergency AMIF assistance mechanism. The report found that the bed bug problem was limited to a tolerable level, all existing problems related to the heating systems solved and a so-called “preliminary filter” applied with respect to every new detainee, including the opportunity to take a shower, provision of clean and disinfected clothes, with personal clothes washed at high temperature and a possibility to freeze the personal luggage of the newcomers for 24 hours for the purpose of sanitizing.
However, in 2022 the Ombudsperson[14] reported that: “In the course of the inspection, it was established that from 2020 health inspectors have not visited the centers to check and control the sanitary conditions despite a previous Ombudsperson’s recommendations. Presently, detainees with chronic skin problems, such as scabies and pyoderma were established once again, along bed bug bites, and travel injuries with secondary infections.” In addition, the report noted the “unsuccessful struggle of the detention administrations” with pests, such as woodworms, cockroaches and fleas.
In 2022, the Ombudsperson[15] reported that many of the detainees in Busmantsi detention centers expressed complaints regarding the food, and others that they are asked to pay for the medicines they need with their own funds.
Vulnerable groups in detention
There are no mechanisms established to identify vulnerable persons in detention centres. Although the law[16] provides that authorities should conduct an assessment whether an individual belongs to a vulnerable group before issuing detention orders, such as detention, such assessment is not carried out in practice.[17] The lack of mechanisms for identification and support of vulnerable asylum seekers was also indicated by the European Commission a letter of formal notice from 8 November 2018.[18] According to the last research on the topic made by the Assistance Centre for Torture Survivors (ACET), mental health professionals in Busmantsi have observed that persons who are socially inhibited or depressed are not being identified by the police as persons in need of assistance as far as they do not cause problems.[19] If identified, there are no provisions in the law for vulnerable persons’ release on that account, unless before the court.
In its July 2019 report, the CPT found insufficient access to health care and communication problems with medical staff due to the language barrier. The report highlighted the lack of access to psychiatric care, which is limited to emergencies but which also results from the lack of interpretation and the lack of health insurance of the concerned persons.[20] The CPT underlined that communication problems between detained foreign nationals and psychologists severely limited the possibilities to provide any psychological assistance.[21] In 2021, the report of the UN Subcommittee on Prevention of Torture established[22] that since 2019, the MOI Medical Institute requests information on regular basis about the number of seriously sick migrants, including rare diseases as malaria, leishmaniasis, tuberculosis and other, the number and health status of the children up to 18 years and the number and status of pregnant women. The report found that the MOI Medical Institute have contracts with hospitals in the country for providing emergency care and basic treatment of detainees; therefore, it is considered that the medical assistance is provided in a timely manner without any delay with the cost of the medical treatment paid within a project, funded by the European Union.
Article 45e(3) LAR envisages that vulnerable groups shall be provided with appropriate assistance depending on their special situation. Separate wings are provided for families, single women and unaccompanied children, in line with the law.[23] Single men are separated from single women. Other vulnerable persons are detained together with all other detainees. The LAR provides for access to education and leisure activities for children in closed asylum facilities,[24] but there is no relevant practice yet as children have not been placed in closed reception centres in 2023.
[1] MOI statistics, December 2023, available in Bulgarian at: https://bit.ly/48C57wC.
[2] CERD, Concluding observations on the combined twentieth to twenty-second periodic reports to Bulgaria, CERD/C/BGR/CO/20-22, 31 May 2017, available at: http://bit.ly/2wSzIpq, para 21(e); Centre for Legal Aid – Voice in Bulgaria, Who Gets Detained?, September 2016, 25.
[3] UN Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Comments of Bulgaria on the recommendations and observations addressed to it in connection with the Subcommittee visit undertaken from 24 to 30 October 2021, published on 25 October 2022, available at: https://bit.ly/3uMsZ2T.
[4] Ombudsperson of the Republic of Bulgaria, Доклад на Националния превантивен механизъм за извършени проверки в структури на Дирекция „Миграция“ към Министерство на вътрешните работи и Държавна агенция за бежанците към Министерски съвет, published in September 2022, available at: https://bit.ly/3IeBgzJ.
[5] Ibid, § 100-102.
[6] Bulgarian Helsinki Committee, based on organization’s regular observations from its weekly detention monitoring, implemented in Busmantsi detention center since 2006 and since 2011 in Lyubimets detention center.
[7] CPT, 2019 Bulgaria report, July 2019, available at: https://rm.coe.int/1680966286; Centre for Legal Aid – Voice in Bulgaria, Who Gets Detained?, September 2016, 25.
[8] CPT, 2019 Bulgaria report, July 2019, available at: https://rm.coe.int/1680966286; Cordelia Foundation et al., From Torture to Detention, January 2016, 19.
[9] Ombudsperson of the Republic of Bulgaria, Доклад на Националния превантивен механизъм за извършени проверки в структури на Дирекция „Миграция“ към Министерство на вътрешните работи и Държавна агенция за бежанците към Министерски съвет, published in September 2022, available at: https://bit.ly/3IeBgzJ.
[10] UN Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Comments of Bulgaria on the recommendations and observations addressed to it in connection with the Subcommittee visit undertaken from 24 to 30 October 2021, published on 25 October 2022, available at: https://bit.ly/3uMsZ2T, § 107.
[11] CPT, 2019 Bulgaria report, July 2019, available at: https://rm.coe.int/1680966286.
[12] CPT, ‘Report to the Bulgarian Government on the visit to Bulgaria carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 10 to 17 December 2018, Executive Summary, available at: https://bit.ly/2uFmEXu.
[13] UN Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Comments of Bulgaria on the recommendations and observations addressed to it in connection with the Subcommittee visit undertaken from 24 to 30 October 2021, published on 25 October 2022, available at: https://bit.ly/3uMsZ2T.
[14] Ombudsperson of the Republic of Bulgaria, Доклад на Националния превантивен механизъм за извършени проверки в структури на Дирекция „Миграция“ към Министерство на вътрешните работи и Държавна агенция за бежанците към Министерски съвет, published in September 2022, available at: https://bit.ly/3IeBgzJ.
[15] Ombudsperson of the Republic of Bulgaria, Доклад на Националния превантивен механизъм за извършени проверки в структури на Дирекция „Миграция“ към Министерство на вътрешните работи и Държавна агенция за бежанците към Министерски съвет, published in September 2022, available at: https://bit.ly/3IeBgzJ.
[16] Article 44(2) LARB.
[17] Migrant Life, Позиция на Център за правна помощ – Глас в България и Фондация за достъп до права ФАР относно смъртен случай в СДВНЧ – София, в. „Бусманци“, published on 31 June 2021, available in Bulgarian at: https://bit.ly/42WknTS.
[18] European Commission, ‘November infringements package: key decisions’, MEMO/18/6247, 8 November 2018, available at: https://bit.ly/2RETZfR.
[19] Cordelia Foundation et al., From Torture to Detention, January 2016, 18.
[20] CPT, 2019 Bulgaria report, July 2018, Executive summary, available at: https://rm.coe.int/1680966287.
[21] Ibid. para 35
[22] UN Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Comments of Bulgaria on the recommendations and observations addressed to it in connection with the Subcommittee visit undertaken from 24 to 30 October 2021, published on 25 October 2022, available at: https://bit.ly/3uMsZ2T.
[23] Article 45f(4) LAR.
[24] Article 45f(2) LAR.