CCPR/C/118/D/2608/2015
2.3
The authors further submit that one day, when they were on their way back to the
reception facility, the male author was hit in the face and body by four or five unknown
persons and that although he did not understand them, he assumed that the assault was
racially motivated, as it was commonly known that racist groups were attacking migrants in
the area. He claims that after the assault, he went to the police station to report the incident,
but he was denied access to the police station and could not report it to the authorities. He
indicates that owing to the language barrier, he was not aware of the procedures that were
available, or the authorities that would have been competent to address his complaint. The
authors further submit that the reception facility had to be locked down for three days,
owing to the presence of xenophobic groups who wanted to attack the asylum seekers. A
group of young men, who defied the curfew to provide food to the people inside the
reception centre, were actually stabbed.
2.4
The authors submit that they were granted refugee status in Bulgaria in September
2014. They claim that they were not provided with a translation of the residence permits or
any explanation as to the rights to which they were entitled. No explanation of the renewal
procedure was given, but after insisting, they were informed that the permits were valid for
five years. They were also informed that they could no longer stay at the reception centre
and had to find their own accommodation. The authors indicate that they were not offered
any assistance: their small allowance was cut, they struggled to find accommodation and
they had no access to medical care or schooling. 4 The male author learned that the rent for
an apartment was 400 leva. With no expectation of finding a job and given the widespread
xenophobic tendencies in Bulgaria, he realized that he would not be able to pay the rent.
They therefore lived on the street for two to three days, during which time they felt very
unsafe, especially the female author. They contacted some friends who were still living in a
reception facility and hid in their rooms until their departure for Denmark in December
2014. The authors further submit that they had to use some savings and received some
financial help from their families in the Syrian Arab Republic owing to the lack of
assistance from the Bulgarian authorities.
2.5
On 15 December 2014, the authors arrived in Denmark and applied for asylum the
same day. On 22 January 2015, the Danish Immigration Service asked the Bulgarian
authorities to agree to take the authors back, in compliance with the Dublin regulation. On 6
February 2015, the Bulgarian authorities informed the Danish Immigration Service that the
authors had been granted refugee status in Bulgaria on 15 September 2014.
2.6
On 4 May 2015, the Danish Immigration Service rejected the authors’ asylum
applications, as they had been granted protection in Bulgaria. They were ordered to leave
Denmark immediately. The Immigration Service considered that the authors’ personal
integrity and safety would be protected during their entrance into and stay in Bulgaria. It
also considered that the authors had no issues with the Bulgarian authorities and had failed
to file a complaint with the police, in relation to the punches and blows with batons suffered
by the authors at the hands of the Bulgarian police upon their arrival, as well as the abuse
they had suffered during their five days of detention at the police station. In addition, the
Immigration Service indicated that although the authors’ claims related to the poor living
conditions in Bulgaria and the impossibility of finding a job were noted, “it must be
regarded as certain” that they would find adequate socioeconomic conditions and that their
personal integrity would be protected. It further noted the authors’ claims related to the
attack suffered by the male author by unknown persons, but considered that it was an
isolated criminal incident and that the author could refer to the Bulgarian authorities for
protection in the future. Regarding the male author’s heart condition, it considered that he
4
The authors indicate that when applying for identity documents, they were given no guidance on
possibilities for finding housing, work, education or financial support from the State.
3