Alternatives to detention

Bulgaria

Country Report: Alternatives to detention Last updated: 21/04/21

Author

Bulgarian Helsinki Committee Visit Website

Alternatives to pre-removal detention in the LARB do not specifically target asylum seekers, rather all third-country nationals. The LARB was amended in 2017 to introduce new alternatives, namely:

  1. Surrendering documents;[1]
  2. Financial guarantee;[2]
  3. Weekly reporting, already existing prior to the reform.[3]

The latter, however, may not be appropriate for new arrivals who do not have a place of residence.

In practice, in the overwhelming majority of cases, alternatives to detention are not considered by the Migration Directorate (MOI) prior to imposing detention.[4] The situation has not changed in 2020.

The LAR, for its part, envisages bi-weekly reporting to the SAR as a measure to ensure “the timely examination of the application” or to ensure “the participation” of the asylum seeker.[5] The LAR also envisages a limitation of freedom of movement in certain areas in the territory of the state by a decision of the SAR’s Chairperson, where asylum seekers can be obligated not to leave and reside in other administrative regions (district or municipality) than the prescribed one (see Freedom of Movement).

[1]  Article 44(5)(3) LARB.

[2]  Article 44(5)(2) LARB.

[3]  Article 44(5)(1) LARB.

[4]  Bulgarian Helsinki Committee, Detention Mapping report Bulgaria, October 2016, available at: http://bit.ly/2jluOxS, 21.

[5]  Article 45a LAR.

Table of contents

  • Statistics
  • Overview of the legal framework
  • Overview of the of the main changes since the previous report update
  • Asylum Procedure
  • Reception Conditions
  • Detention of Asylum Seekers
  • Content of International Protection
  • ANNEX – Transposition of the CEAS in national legislation