Europe and Central Asia
Summary of Amnesty International’s Concerns in the Region, January-June 2007
Violations of the rights of asylumseekers and refugees
According to a report in the newspaper
Kapital in June, at least 36 people had been
held at the Special Centre for Temporary
Accommodation of Foreigners (SCTAF) in
Busmantsi, near the capital Sofia, for more
than six months. Some of these 36 people
had also been held previously in another
centre.
The
non-governmental
organizations (NGOs) Legal Clinic for
Refugees and Immigrants (LCRI), the
Bulgarian branch of the International
Helsinki Federation and the Bulgarian
Helsinki Committee (BHC) have persistently
alleged that asylum-seekers, refugees and
other migrants detained in that centre are
detained for months and even years waiting
for expulsion. They are allegedly not
informed of the internal regulations and of
the applicable disciplinary rules, and not
bought promptly before a judicial or other
authority. The Law on Foreigners stipulates
that detention at a Special Centre be used
only as a last resort, but there is no
maximum period set for such detention..
The LCRI and BHC claim that detention of
asylum-seekers, refugees and migrants at
the SCTAF has become customary practice,
being used routinely, rather than on a case
by case basis as a last resort.
The LCRI has also claimed that the
authorities at the SCTAF in Busmantsi have
allegedly used the isolation room in an
arbitrary
way
and
without
proper
guarantees for the health of persons. For
example, they report that on 21 May, 14
people detained in the centre requested an
explanation for the reasons of their
detention and its length. As a result they
were allegedly sent as a punishment to the
isolation room for about seven to 10 days
until
they
signed
a
declaration
acknowledging that they had allegedly
broken the “residential rules”.
Case of Annadurdy Khadzhiev
Annadurdy Khadzhiev, a leader of the
Turkmen opposition group Watan and the
husband of Turkmen human rights defender
Amnesty International
31
Tadzhigul
Begmedova,
was
held
in
detention in Bulgaria on 19 February in
connection with a request lodged by
Turkmenistan with Interpol. Reportedly,
Turkmenistan had requested his extradition
to try him on embezzlement charges. Both
Annadurdy Khadzhiev and his wife have
lived in Bulgaria since 2001 and were
granted humanitarian status in March 2003.
To AI’s knowledge, an earlier extradition
request by the Turkmen authorities was
turned down by Varna district court in May
2003. Reportedly, in its decision the court
referred
to
Annadurdy
Khadzhiev’s
membership in the opposition Watan
movement and to human rights violations
in Turkmenistan, including limitations of the
right to freedom of expression.
AI contributed to a letter of support on
behalf of Annadurdy Khadzhiev that was
submitted to Varna district court on 13
March, and urged the Bulgarian authorities
not to extradite him to Turkmenistan where
he would have been at risk of serious
human rights violations, including torture
and ill-treatment, and imprisonment after
an unfair trial (see AI Index EUR
15/001/2007). Any attempted return would
have been a violation of Bulgaria’s
obligations under regional and international
human rights law. On 12 April, Varna
district
court
ruled
that
Annadurdy
Khadzhiev should not be extradited to
Turkmenistan and was released. However
the Prosecutor protested the court's verdict
and an appeal hearing was scheduled for 3
May.
The appeal court finally decided not to
extradite
Annadurdy
Khadzhiev
to
Turkmenistan and he was subsequently
released.
International scrutiny (Update
Index: EUR 01/001/2001)
AI
On 11 January, the European Court of
Human Rights (ECtHR) found Bulgaria in
breach of Article 8 (right to respect for
private and family life) and Article 13 (right
to an effective remedy) of the European
Convention on Human Rights (ECHR) in the
AI Index: EUR 01/010/2007
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents