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Sat, May 26 2012
The Bousmantsi triangle
NOT A PRISON? On paper the centre in Bousmantsi does not qualify as a prison facility. In reality, however, it acts as one.
Photo: Anelia Nikolova
A place exists in Bulgaria where an individual can be legally held for up to 18 months against their will without knowing exactly why and without being able to do anything about it. To "qualify", they must either be a refugee, asylum seeker or a third country national living in Bulgaria without ID documents from their home country. This establishment is called the Centre for Temporary Accommodation of Foreigners in Sofia’s Bousmantsi borough which operates under the Interior Ministry’s Migration Directorate.
The Sofia Echo has covered the Bousmantsi centre ever since it opened in 2006, supposedly as a civilised solution to the challenges Bulgaria faces as a European Union "frontier" country, a year before Bulgaria’s scheduled EU accession.
In 2006, illegal immigrants from Arab, Asian and African countries as well as asylum seekers and refugees were kept in miserable conditions in something resembling barracks in the industrial part of Sofia’s Drouzhba borough. Acknowledging the need for better treatment of illegal immigrants and refugees, the Bulgarian authorities advertised the new building in Bousmantsi as the answer to all their problems, at least in terms of living conditions.
It is supposed to accommodate foreign nationals who have been denied refugee status in Bulgaria and who are waiting to be deported back to their home country, or another destination. Four years after it opened, the centre is now used by authorities as a place to send all foreigners with ID problems regardless of their legal status. These include not just refugees and asylum seekers, but also people who have been living in the country for years, who have married Bulgarian nationals, have children and who have developed their businesses in the country.
Line 1 - refugees and asylum seekers
On paper, the authority dealing with granting or refusing political refugee status or any other kind of refugee status and asylum is the State Agency for Refugees (SAR) which follows the Refugees and Asylum Act. It is a bit of a legal jungle because, according to this law, every asylum seeker must apply for refugee status to the SAR. The agency starts an investigation and launches a procedure to establish if there are grounds for granting the foreigner such status. This lasts several months. During this period asylum seekers must live in SAR-administered buildings.
If, as in most cases, the foreigner’s motion is denied, they have the right to appeal against the denial in court. After the court rules on the appeal, if it confirms the previous SAR denial, then the foreigner falls under the jurisdiction of the Migration Directorate and only then he or she must be sent to the Bousmantsi centre pending deportation. However, the SAR is currently repairing its own facilities, hence asylum seekers are being sent directly to Bousmantsi.
The wider problem is that, until recently, no legal definition set a time frame for how long such people could be held in Bousmantsi. In many cases the procedure of deportation or expulsion lasts many months – even years – due to administrative reasons and during this time the foreigner is kept in Bousmantsi without the right to leave. In effect, the facility is a prison.
This changed only in 2009 when an amendment to the Foreigners Act, under which the Migration Directorate works, ruled that people could be held in centres such as Bousmantsi for no more than 18 months. The change followed the case of a Chechen asylum seeker, Said Kadzoev, who had been held without trial at Bousmantsi since October 2006.
In November 2009, the European Court of Justice ruled that his incarceration violated the terms of the EC Return Directive which stipulates that no period of detention for illegal immigrants or asylum seekers – if this is the only "transgression" – should exceed 18 months. The ruling was described at the time as a great victory for human rights lawyers working in Bulgaria, most notably the Legal Clinic for Refugees and Immigrants (LCRI) and the Centre for Legal Aid – Voice in Bulgaria.
The two organisations are the two main lines of defence for people held in Bousmantsi, providing them with legal help. It was indeed a big step in changing the status quo but, according to lawyer Valeria Ilareva from the LCRI, more needs to be done to guarantee immigrants’ rights. She says that nothing stops authorities from detaining people who have just been released from Bousmantsi again every time the 18-month period has expired. Indeed the directive only says that the period of detention should not exceed 18 months but it says nothing about repeated detentions of the very same people.
The Sofia Echo has covered the Bousmantsi centre ever since it opened in 2006, supposedly as a civilised solution to the challenges Bulgaria faces as a European Union "frontier" country, a year before Bulgaria’s scheduled EU accession.
In 2006, illegal immigrants from Arab, Asian and African countries as well as asylum seekers and refugees were kept in miserable conditions in something resembling barracks in the industrial part of Sofia’s Drouzhba borough. Acknowledging the need for better treatment of illegal immigrants and refugees, the Bulgarian authorities advertised the new building in Bousmantsi as the answer to all their problems, at least in terms of living conditions.
It is supposed to accommodate foreign nationals who have been denied refugee status in Bulgaria and who are waiting to be deported back to their home country, or another destination. Four years after it opened, the centre is now used by authorities as a place to send all foreigners with ID problems regardless of their legal status. These include not just refugees and asylum seekers, but also people who have been living in the country for years, who have married Bulgarian nationals, have children and who have developed their businesses in the country.
Line 1 - refugees and asylum seekers
On paper, the authority dealing with granting or refusing political refugee status or any other kind of refugee status and asylum is the State Agency for Refugees (SAR) which follows the Refugees and Asylum Act. It is a bit of a legal jungle because, according to this law, every asylum seeker must apply for refugee status to the SAR. The agency starts an investigation and launches a procedure to establish if there are grounds for granting the foreigner such status. This lasts several months. During this period asylum seekers must live in SAR-administered buildings.
If, as in most cases, the foreigner’s motion is denied, they have the right to appeal against the denial in court. After the court rules on the appeal, if it confirms the previous SAR denial, then the foreigner falls under the jurisdiction of the Migration Directorate and only then he or she must be sent to the Bousmantsi centre pending deportation. However, the SAR is currently repairing its own facilities, hence asylum seekers are being sent directly to Bousmantsi.
The wider problem is that, until recently, no legal definition set a time frame for how long such people could be held in Bousmantsi. In many cases the procedure of deportation or expulsion lasts many months – even years – due to administrative reasons and during this time the foreigner is kept in Bousmantsi without the right to leave. In effect, the facility is a prison.
This changed only in 2009 when an amendment to the Foreigners Act, under which the Migration Directorate works, ruled that people could be held in centres such as Bousmantsi for no more than 18 months. The change followed the case of a Chechen asylum seeker, Said Kadzoev, who had been held without trial at Bousmantsi since October 2006.
In November 2009, the European Court of Justice ruled that his incarceration violated the terms of the EC Return Directive which stipulates that no period of detention for illegal immigrants or asylum seekers – if this is the only "transgression" – should exceed 18 months. The ruling was described at the time as a great victory for human rights lawyers working in Bulgaria, most notably the Legal Clinic for Refugees and Immigrants (LCRI) and the Centre for Legal Aid – Voice in Bulgaria.
The two organisations are the two main lines of defence for people held in Bousmantsi, providing them with legal help. It was indeed a big step in changing the status quo but, according to lawyer Valeria Ilareva from the LCRI, more needs to be done to guarantee immigrants’ rights. She says that nothing stops authorities from detaining people who have just been released from Bousmantsi again every time the 18-month period has expired. Indeed the directive only says that the period of detention should not exceed 18 months but it says nothing about repeated detentions of the very same people.
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Three suffer smoke inhalation after arson incident at Bousmantsi foreigner detention centre – report
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European Court orders Bousmantsi detainee's release
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The article is about Busmantsi and not about invasion of islam:
NOT A PRISON? On paper the centre in Bousmantsi does not qualify as a prison facility. In reality, however, it acts as one.
As complexed nation, I see some Bulgarians talking about the trhead of islam, when the issue actually is about they poor conditions in the so called "Centre for Temporary Accommodation of Foreigners". Are you still living with the past?! Btw, is Bulgaria a country which deserves to be EU member at all?!
Hmn, the infra- and [...]
Read the full comment social structures of Bosnia looks in better shape in my eyes.
Lets not be swayed by `liberal poetry` on how defenseless these people are....illegal means illegal....shoplifters, thieves, buglers etc are all condemned by society, so why should these people who sneak into other countries then expect to be looked after, fed, watered, housed, educated......be any different. The UK is a complete mess now because of the waves of illegal immigrants wrapped up in cotton wool by the Government. Let Bulgaria learn this lesson well and deport them all a.s.a.p
what does Israel do to illegal immigrants from Africa...shoot them while they cross the Israel =Egypt border..BG take note
Btw it's interesting how protection from Islam often can be seen as "unchristian" and denying them "freedom" as destroying the freedom of our societies.
I think so long as we don't purpusfully abuse people, there are such presedents in the west.
Germany is the freest of liberal Democracies, yet certain extreme right wing groups and speech are outlawed.
The reason is that they are seen as essentially dangerous to freedom, as their goal is the elimination of Democracy.
I think the same can said about Islam, as it's essence is [...]
Read the full comment quite the opposite from the ideas of personal freedom and choices.
it's a culture which sees women's sexuality as communal responsibility, and many other core characteristics very much at odds with any western ideals of freedom and personal choice.
As such, I don't see restriction on Islam (or Muslim immigrants) in Europe, as somehow underminding Europe's free lifestyle, but as essential protective measure against dangers to freedom.
what is needed is a hard line policy against such refugees...
Not so avg. BG,
threating folks inhumeinly certainly isn't the way to resist Islam, but granting them rights, IS the way to lose your country.
Like Cosmos said - pack them on a plane, give them a little cash and protect your way of life.
There is a huge difference between Ariminians Russians and Africans - the first two are a natural fit for BG whereas the Africans will continue to be a major problem forever - with the next generations as well- let's not bulshit ourselves...
Why are we talking about this problem ? put them on a plane and send them back to where they came from. If as stated some have a family in BG why have they not got the proper papers.If they are muslim then get rid of them unless you want a muslim state with all the problems it brings .
Come on you people of BG do not roll over yet again to an invasion by another means.
Maybe there wouldn't be that many muslims in Holland if they had read a little about Bulgarian history. They could learn something from that, as well as Bulgaria could learn few things from Holland's past.
So do you guys think that this is the way to resist Islam? By first treating inhumanely these persons in Bousmantsi and then releasing them without any papers and any access to rights back to Bulgaria? Is this the way to protect national security? Are these the Christian values of showing love and mercy to your neighbour?
P.S.It's not only Muslims who are ill-treated. There are many Christian Armenians, Africans, etc., all HUMAN BEINGS.
BG is but a small snapshot of the larger reality that Europe is being invaded by Islam, family by family.
Demographic assult is the most permanent of all, as a military attack, one can repel and a forcefull takeover can be reversed with time.
I don't want any more Muslims in my country! Send them over to Holland, if you wish, we already have 12% Muslim and Turkey is next door with an increasingly islamist regime. Sorry!
Congratulation, Mr Kostadinov! It is good people without Bulgaria to be notified about the Bousmantsi case, since most people in Bulgaria just do not care...
"Raptor" (1st comment) is right about interpretation of the law. But theory is one thing and practice is another thing. In Bulgaria you need an explicit provision in law stating that interpretation to guarantee against repetitive detentions. The reason is that - unlike other EU Member States - Bulgaria does not issue any paper whatsoever to those non-deportable foreigners released from Busmantsi and therefore any police check treats them as undocumented immigrants again. There is a growing number of such vulnerable and marginalised immigrants in Bulgaria.
Some of the Bulgarian legislation certainly needs to be updated, especially legislation concerning settlement through work and/or family ties.
But the report lacks perspective. Cases such as those mentioned above can be found in most EU-countries, even in my migration liberal Sweden. These cases can be considered harsh, but they don't break any law. Some countries as Germany don't even use detention centers, they use ordinary prisons.
The report makes Bulgaria look bad (again), but the reader should have in mind that the scale of keeping immigrants locked in is fairly small [...]
Read the full comment if you compare with many EU-countries. You could also have an opinion on how Bulgaria treats its immigrants, but again, many EU-countries are much more bad.
At Last, brilliant reporting. Excellent reading
Well the directive does not need to make this distinction as suggested by the LCRI representative.
Detention under the Convention means "any form of detention" which would include "repetitive detention".