Access to the territory and push backs

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Bulgarian Helsinki Committee Visit Website

No institutional or practical arrangements or measures exist to ensure a differentiated approach to border control that gives access to the territory and protection for those who flee from war or persecution.

Push backs at land borders

Access of asylum seekers to the territory remained constrained in 2024.

Back in 2018, the government banned access to the 234 km border fence[1] built along the Bulgarian-Turkish border, as well as the possibility to take pictures or filming it by introducing a 300-meters security zone similar to border arrangements during the communist regime.[2] In 2021, the caretaker cabinet[3] transferred the responsibility for the management of the border fence from the district governors to the Ministry of Interior,[4] with repairs by specialised army units realised sporadically, as was the case also in 2024.[5] In 2022, the European Border and Coast Guard Agency (Frontex) launched a Joint Operation Terra with standing corps officers, patrol cars and thermo-vision vehicles at EU’s external land borders,[6] taking place across 12 EU Member States, including Bulgaria. In 2024, FRONTEX deployed new personnel in the country with 240 new staff present. The majority were set to participate in mixed border patrols along the main entry border[7] with Türkiye. In distinction with previous Frontex deployments, this time the mixed patrols[8] were positioned not only at key roads towards Serbia (I-8)[9] or Romania (I-9)[10] , but also along the actual land border. It coincided with measures of intensified external control applied by the Turkish authorities on their side of the border, following extensive bilateral meetings at the end of 2023 and the beginning of 2024. During the period December 2023 to April 2024, Turkish border guards were present along the whole borderline with Bulgaria, with surveillance equipment installed and physical checks applied to vehicles and travellers on all main and secondary roads to Bulgaria. The cross-border cooperation with the border agencies of Türkiye and Greece also visibly intensified both through the operation of the tri-partite contact centre, opened in 2016 on Bulgarian territory at Kapitan Andreevo BCP,[11] as well as by weekly meetings at regional directorates’ level.

Source: Ministry of Interior, Migration Statistics, December 2016: http://bit.ly/2Fx9hIY; December 2017: http://bit.ly/2ntEXaR; December 2018: https://bit.ly/2sBEJ4z; December 2019: https://bit.ly/372jvz7; December 2020: https://bit.ly/3i01bgF; December 2021: https://bit.ly/3fhhMfk, December 2022: https://bit.ly/3kRy7xE, December 2023: https://bit.ly/49u1JVY, December 2024: https://bit.ly/49u1JVY.

In 2024 the overall number of the so-called ‘prevented entries’ reported by the authorities dropped significantly. For seven years since 1 January 2017 the Ministry of Interior stopped to disclose their number in its publicly available statistics. However, starting from January 2024, the Ministry of Interior resumed to publicly report these numbers and did so for the entirety of the year, thus making data available for both 2023 and 2024. In 2024, the authorities reported to have prevented the irregular entry of 52,534 persons.[12] It represented a 70% decrease in 2024 in comparison with 178,698 persons[13] in 2023. This decrease reflected also on alleged pushbacks, monitored and reported through the existing national border monitoring mechanism (see, Asylum procedure, 1.2. Border monitoring). The data were collected through a regular – weekly and daily – border monitoring, implemented by observers from the Bulgarian Helsinki Committee, a non-governmental organisation whose access to the border was arranged firstly in the 2004 Bi-lateral border monitoring agreement,[14] replaced in 2010 by the Tri-Partite Memorandum of Understanding.[15] The BHC observers monitored two main geographically designated border areas along the Bulgarian-Turkish border: the green border area starting from Kapikule-Svilengrad-Ormenion border triangle to Hamzabeyli-Lesovo border crossing point (in the area of Svilengrad border police precinct) as well as the Sakar and Strandzha mountains’ area, stretching from Elhovo to the Black Sea coast (in the area of Elhovo, Bolyarovo, Sredets, Malko Tarnovo and Rezovo border police precincts). In 2024, this mechanism[16] registered 3,548 alleged pushbacks affecting 43,282 persons, i.e. 75% decrease in comparison with the previous year.[17] The Ministry of Interior officially referred to the reported 52,534 persons ‘prevented from entering’ as ‘irregular migrants, who before entering Bulgaria decided themselves to return back into the interior of neighbouring countries’,[18] i.e. Türkiye. The number of cases of ‘prevented entries’ coincided to a great extent with those identified under the national monitoring mechanism as pushed back, either from the actual border or from the areas close to the border and already on Bulgarian territory. Reported since 2015,[19] pushback practices such as verbal abuse and physical violence, as well as the humiliating practices of unlawful detention, strip searches and illegal confiscation of footwear, clothing and other belongings, continued to be widely applied despite the presence of Frontex mixed teams along the land border with Türkiye. As in previous years,[20] the most tragic consequence of the lack of safe legal entry channels[21] to the European Union’s territory at this external border, was the death toll among the migrants who attempted to enter irregularly through Strandzha or Sakar mountains, predominantly in the area of responsibility of Sredets and Bolyarovo border police precincts along the Bulgarian-Turkish border. At the end of 2024, the widely publicized deaths by frostbite of three allegedly Egyptian adolescents, aged between 17 and 25, sparked outrage. Non-governmental organizations[22] and international volunteer groups[23] accused the local Border police precinct of passivity, intentional obstruction to search and rescue operations and harassment of their team members. The MOI’s internal investigation[24] found no wrongdoing on behalf of their staff, and the Prosecutor’s office did not raise any formal charges. The MOI also claimed[25] to have provided medical assistance to 515 migrants in distress at the Bulgarian-Turkish border during 2024, and to 53 migrants in January 2025 alone. In 2024, 16 out of a total of reported 17 people who died trying to cross the border found their death in Strandzha and Sakar mountains at the border with Türkiye. According to the medical examiners,[26] the main causes of death identified were frostbite in winter months, as well as exhaustion, dehydration and malnutrition, at many instances in combination with energy drink or opioid use or overdose, the latter also forced by smugglers and traffickers to accelerate the walking pace of smuggled groups and individuals. In January 2025, civil society organizations[27] re-iterated their plea for the establishment of safe and legal entry channels for those who seek asylum and international protection, including by the creation of a special humanitarian visa for this purpose alone.

At the same time, and against the backdrop of a significantly decreased number of entries, the percentage of irregular migrants officially apprehended at the border with Türkiye increased by 41%.[28] Since 2014, for ten consecutive years these percentages were notoriously low compared to the number of irregular migrants apprehended on exit borders or inside the territory, as the majority of those trying to enter from Türkiye were pushed back. This increase is attributed[29] to the involvement of Frontex staff in mixed border patrols along the land borderline with Türkiye. Once officially arrested instead of pushed back, the irregular migrants can obtain information on available legal procedures and to apply for international protection as soon as at the 24hrs border police facilities, or after their following transfer to pre-removal (detention) centres in Lyubimets or Busmantsi (see, Detention of Asylum Seekers). On 12 December 2024 the EU Council endorsed the full Schengen accession of Bulgaria and Romania from 1 January 2025. Prior to it, the government announced[30] more measures for strengthened control at the Bulgarian-Turkish border after the accession. The measures included allocating of 1200 national border policemen, constant 240 Frontex deployment and international teams of initially 100 staff, comprising 40 Romanian, 15 Austrian, 20 Hungarian and 25 Bulgarian border guards, as well as new echolocation equipment and high passable vehicles. The international teams began to operate[31] on 3 February 2025.

The overall decrease of new arrivals from Türkiye in 2024 was reflected also in terms of the number of individuals accessing the national asylum system. There was a significant decrease (- 45%) of registered asylum applicants compared to 2023, with just 12,250 registered applicants vis-à-vis the 22,518 applicants in 2023. Out of 2,543 migrants apprehended at the entry border in 2024 (2023: 1,803 migrants), 55 (2%) were able to apply for international protection at the national entry borders, but only 50% of them (i.e. 28 entry border applicants) had direct access to the asylum procedure without being detained. The remaining 50% (i.e. 27 entry border applicants) were sent to the pre-removal (detention) centres. These numbers remained similar to those registered in 2023, when 2% (i.e. 61 individuals) had direct access to the asylum procedure without being detained. Out of the total number, 57% (35 border applicants) were unaccompanied children referred to social services by the Border police.[32] For comparison, 1% (49 out of 4,233 border applicants) in 2022 had such direct access to procedure, while in 2021 3% (34 out of 1,065 entry border applicants) enjoyed access. In total, 75 unaccompanied children avoided detention as they were referred to social services by the police[33] under the referral arrangements introduced in 2018.[34] Out of them, 70 unaccompanied children were apprehended and referred by the Border Police, while 5 unaccompanied children were apprehended and referred by the Migration police after being apprehended within the country’s territory.

Border monitoring

Under the 2010 tripartite Memorandum of Understanding between the Border Police, UNHCR and the Bulgarian Helsinki Committee (BHC),[35] with funding provided by UNHCR, all three parties have access to any national border or detention facility at land and air borders, including airport transit zones, without limitations on the number of monitoring visits. Access to these facilities is unannounced and granted without prior permission or conditions on time, frequency or circumstances of the persons detained. Border monitoring visits along the Bulgarian-Turkish border are implemented minimum once a week in Kapitan Andreevo, Elhovo, Bolyarovo, Sredets, Malko Tarnovo and Rezovo BCPs as well as at the Bulgarian-Greek border at Novo Selo BCP. The BHC lawyers can interview the detainees and check the border registers. Monthly reports are prepared and shared internally. On this basis, the parties prepare and publish an annual border monitoring report.[36]

In 2024, the Bulgarian Helsinki Committee under its UNHCR-funded project carried out regular border monitoring visits on a weekly (or daily, depending on the situation) basis, at the border with Greece and Türkiye, as well as Romania vis-a-vis Dunav Most BCP at Ruse Border Police Precinct as well as ad hoc visits at the Sofia Airport transit hall. During these visits, the Bulgarian Helsinki Committee can also obtain information from police records when needed to cross-check individual statements, but has access only to border detention facilities, not to border-crossing points per se.

Legal access to the territory

National legislation and arrangements in principle do not envisage humanitarian visas or humanitarian reasons as legal grounds for permitting entry to or the right to stay in the country’s territory.[37] There are several exclusions in the law, when humanitarian reasons can be taken into account during the visa procedure, but all of them relate to an alleviation of requirements to submit some of the documents, supporting the visa application or proving the grounds for its granting. The law allows the visa application on humanitarian or emergency grounds to be submitted outside the country of origin of the visa applicant.[38] The visa application can also be submitted on humanitarian or emergency grounds at the border crossing points (BCPs).[39] However, in these cases the border police can issue only transit visas with a 3-days validity, or a short-term visa stay with a 15-days validity.

In 2022, no new relocations were implemented mainly due to mass arrivals from Ukraine. In 2023, 94 Syrians were relocated from Cyprus, while 76 applicants from Greece and 10 from Italy. In 2024, another 7 Syrian nationals were relocated from Cyprus. Thus, the number of relocated persons reached a total of 187, including 70 evacuees from Afghanistan. The countries of origin varied from Syria and Afghanistan to Iraq, Eritrea, Pakistan, Egypt, while some of the relocated persons were stateless. No new relocations were carried out in 2024.[40] Out of all the relocated persons, except those relocated from Afghanistan, 78 individuals have been recognised as refugees so far, 97 individuals have been granted subsidiary protection (“humanitarian status”), 2 individuals were rejected, 1 individual accepted a voluntary return to his country of origin, 1 procedure was terminated, and 1 procedure is still pending.

Regarding resettlement, the government decided to resettle 100 Syrians from Türkiye on 29 March 2017, based on the arrangements outlined in the 2016 EU-Türkiye deal.[41] Up until 31 December 2024, Bulgaria resettled a total of 110 Syrian nationals from Türkiye, with 11 new resettlements implemented in 2024. All of them were granted international protection.

There is no official list of criteria applied in relocation or resettlement procedures in Bulgaria, but families with children are prioritized as a matter of practice. The SAR does not conduct security interviews with relocation candidates on site in Italy or Greece, but these are conducted with resettlement candidates in Türkiye. The SAR liaison officer examines the relevant files together with the Italian and Greek authorities. A document check of the relocated and resettled persons is performed by the State Agency for National Security (SANS) in Bulgaria and Türkiye, after which clearance is given for the relocation or resettlement to be carried out.

All relocated and resettled persons are being admitted directly to a regular procedure. All of them are accommodated in the refugee reception centre (RRC) in Sofia, Vrazhdebna shelter, which is considered as a model reception centre with material conditions above the minimum standards. Food, health care, initial orientation and social mediation is provided on site. However, no one receives monthly payment or other financial allowance nor pocket money, which is the treatment of all asylum seekers in Bulgaria since the abolition of the social financial assistance in February 2015 (see section on Forms and Levels of Material Reception Conditions).

[1] Darik News, ‘Забраняват заснемането на оградата по границата с Турция’, 30 May 2018, available in Bulgarian at: https://bit.ly/3K8bgFR.

[2] From 9 September 1944 to 10 November 1989.

[3] dir.bg, ‘Назначиха проверка за разрушената ограда на границата с Турция’, 20 May 2021, available in Bulgarian at: https://bit.ly/3FohyO2.

[4] Darik News, ‘МВР поема управлението върху оградата по българо-турската граница’, 23 September 2021, available in Bulgarian at: https://bit.ly/3A8K8Cd.

[5] Kompassbg.com, ‘Спешен ремонт на оградата по границата ни с Турция разпореди Министерският съвет’, 7 June 2024, available in Bulgarian here.

[6] FRONTEX, Frontex launches new land operation, 2 April 2022, available at: https://bit.ly/3Yx2A1W.

[7] MOI statistics, December 2024 report: 2,543 individuals apprehended at entry borders in 2024, of whom 96% or 2,432 individuals apprehended at the border with Türkiye, 16 January 2025, available in Bulgarian at: https://bit.ly/49x8Dd3.

[8] Bulgarian-Frontex teams.

[9] See here.

[10] See here.

[11] Greek Embassy in Bulgaria, Откриване на граничния Контактен център Гърция – България – Турция, published on 2 December 2016, available in Bulgarian here.

[12] MOI statistics, December 2024 Report, Tables on page 2, Migrants who independently returned to the territory of neighboring countries, published on 16 January 2025, available in Bulgarian at: https://bit.ly/49x8Dd3.

[13] Ibid.

[14] Bi-lateral Memorandum between National Border Police Service with the Ministry of Interior and Bulgarian Helsinki Committee, signed on 15 December 2004.

[15] Tripartite Memorandum of Understanding (MoU) among Border Police, UNHCR and Bulgarian Helsinki Committee, signed on 14 April 2010.

[16] Tripartite Memorandum of Understanding (MoU) among Border Police, UNHCR and Bulgarian Helsinki Committee, signed on 14 April 2010.

[17] See, AIDA, Twelfth Update on Bulgaria, April 2024, page 30.

[18] MOI statistics, December 2024 Report, Migrants, who independently returned to the territory of neighboring countries, Tables on page 2, published on 16 January 2025, available in Bulgarian at: https://bit.ly/49x8Dd3.

[19] See, AIDA, Fourth Update on Bulgaria, 30 September 2015, page 20-21.

[20] Bulgaria On Air, Бразда с трупове: Трафиканти оставят мигранти да умрат на границата между България и Турция, 1 December 2023, available in Bulgarian at: https://bit.ly/3PlJom3.

[21] Bulgarian Helsinki Committee, Търсещите убежище стават жертва на липсата на легални способи за достъп до България, published on 29 January 2025, available in Bulgarian here.

[22] Free Europe, Как три момчета загинаха в Странджа, а полицията 24 часа не допусна спасители до тях, published on 31 December 2024, available in Bulgarian here.

[23] The Guardian, Bulgarian police ‘blocked rescue’ of teenage migrants who froze to death, published on 27 January 2025, available here.

[24] MOI, reg. №328200-2905 from 5 February 2025.

[25] Ibid.

[26] Bulgarian National Television, МВР: Намерените в Странджа мигранти са починали от преумора, 6 January 2025, available in Bulgarian here; Telegraph, Странджа-Сакар осеяни с турпове на бежанци, 17 September 2023, available in Bulgarian at: https://bit.ly/3OXFpLX.

[27] Bulgarian Helsinki Committee, Търсещите убежище стават жертва на липсата на легални способи за достъп до България, published on 29 January 2025, available in Bulgarian here.

[28] MOI statistics: 2,543 individuals apprehended at entry borders in 2024, of whom 2,432 individuals at the border with Türkiye (2023: 1,803 individuals, of whom 1,729 at the border with Türkiye), available in Bulgarian at: https://bit.ly/49x8Dd3.

[29] Bulgarian Helsinki Committee, Monthly situation report, August 2024.

[30] Euractive, ‘Чужди полицаи ще помагат на границата с Турция след влизането в Шенген’, 23 November 2024, available in Bulgarian here.

[31] Mediapool, ‘Шенген: Границата с Турция вече се пази от служители на четири държави’, 3 February 2025, available in Bulgarian here.

[32] MOI statistics, December 2023, available in Bulgarian at: https://bit.ly/49u1JVY.

[33] MOI statistics, December 2024, available in Bulgarian at: https://bit.ly/49u1JVY.

[34] Article 63k-63l LARB Regulations.

[35] The Bulgarian Helsinki Committee had a bilateral agreement with the Border Police from 2004 to 2010.

[36] The border monitoring reports are available at: https://bit.ly/3mjDhNz.

[37] Article 5 Ordinance for Rules and Criteria for Visa Issuing and Visa Regime.

[38] Article 11 (6) Ordinance for Rules and Criteria for Visa Issuing and Visa Regime.

[39] Article 10 (2) Ordinance for Rules and Criteria for Visa Issuing and Visa Regime.

[40] SAR, reg. №АД-07-7 from 14 January 2025.

[41] Council of Ministers, Decision №750 from 30 November 2017.