The European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) has published the report on its ad hoc visit to Bulgaria, carried out from 16 to 23 September 2024, together with the response of the Bulgarian authorities.
The objective of the visit was to assess the implementation of the CPT’s long-standing recommendations concerning the treatment and conditions of detention of foreign nationals deprived of their liberty pursuant to aliens legislation. To this end, the CPT’s delegation carried out follow-up visits to Border Police detention facilities in Elhovo and Svilengrad (Kapitan Andreevo), Special Homes for Temporary Accommodation of Foreigners (SHTAF) in Busmantsi and Lyubimets, and Closed-Type Premises run by the State Agency for Refugees (SAR).
In the two SHTAFs and the SAR Closed Unit, the delegation heard no recent and/or credible allegations of physical ill-treatment of detained foreign nationals whilst in the custody of the Border Police. That said, a few detained persons alleged that they had been verbally abused or threatened by Border Police officers at the time of their apprehension. Likewise, the delegation heard no credible allegations of recent physical ill-treatment of detained foreign nationals by staff of the SHTAF in Lyubimets. By contrast, some detainees at the SHTAF in Busmantsi alleged having been punched, kicked and/or violently pushed by custodial officers; in a few cases, physical ill-treatment had reportedly been accompanied by verbal abuse. The CPT reiterated its recommendation that it be recalled to Border Police officers and staff at the SHTAF in Busmantsi that any forms of ill-treatment of detained foreign nationals (including of a verbal nature) are illegal and unacceptable and will be punished accordingly.
Material conditions in the immigration detention facilities visited remained extremely poor, with virtually all detainee accommodation areas being overcrowded, dilapidated, dirty and infested with bedbugs. The premises were very prison-like and particularly poorly adapted for the accommodation of women, families and minors. Further, foreign nationals – some of whom had spent months or even years in custody – had nothing or almost nothing to occupy their time. There were no organised activities, which was of particular concern with respect to the minors. Furthermore, unlike in Lyubimets, foreign nationals accommodated at the SHTAF in Busmantsi (and in the SAR Closed Unit) had no guaranteed access to daily outdoor exercise, which was indeed a truly deplorable state of affairs.
As regards health-care services, the only positive aspects were the 24/7 health-care staff coverage and an improved access to outside consultations and hospitalisations. Alas, other aspects of health-care provision, such as medical screening on arrival, medical records, equipment and medication, psychiatric case and psychological assistance, were unsatisfactory.
The CPT made recommendations to address the aforementioned deficiencies in the SHTAFs and SAR Closed Unit, as well as those concerning insufficient staffing, lack of access to interpretation and free legal aid, limited visiting entitlement and access to a telephone.
The delegation interviewed a number of foreign nationals who had recently been deprived of their liberty by Bulgarian law enforcement agencies and who were no longer in Bulgaria at the time of the visit. Based on the detailed and consistent accounts received by the delegation, a clear pattern emerged with regard to the treatment by Bulgarian law enforcement officials of migrants who had managed to enter Bulgarian territory from Türkiye through the “green border” in August-September 2024. It would appear that the foreign nationals concerned had been apprehended by Bulgarian security forces patrolling the border area and had been forcibly returned to Türkiye, outside any legally established procedures. It further appeared that the apprehension of the foreign nationals concerned and their subsequent forced removal from Bulgaria had often been carried out by using physical violence and unmuzzled service dogs.
The Bulgarian authorities should take the necessary measures to stop the ill-treatment and prevent further “pushbacks”; that is, forcibly returning irregular migrants arriving at the border or present in the territory of Bulgaria, without any prior individualised screening with a view to identifying persons in need of protection.
The report is published under the automatic publication procedure, in accordance with the agreement with the Bulgarian authorities. In their response, the Bulgarian authorities provide information on the measures taken to implement the CPT's recommendations.
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In its report on the sixth periodic visit to Malta in September and October 2023, CPT reviewed the treatment of persons held in prison, immigration detention, and police custody. While the CPT noted progress since earlier visits in 2015 and 2020, a number of concerns remain.
In the prison system, Corradino Correctional Facility (CCF) and the Centre of Residential Restorative Services (CORRs) have seen a shift towards better psychological support and reintegration planning. Most prisoners reported correct treatment by staff and a generally calm environment. However, the CPT did receive a few allegations of staff slapping prisoners, and the occasional rough pushing and kicking of prisoners.
The conditions and physical state of the prison remain poor. Many sections of the facility are dilapidated, poorly ventilated, and overcrowded. The increased use of effective alternatives to detention is key to reducing prisoner populations. The CPT considers that a review is necessary to examine possibilities to increase the use of alternatives to detention in order to reduce the number of remand and short-sentenced prisoners. On a positive note, sentence and care plans were now drawn up for each prisoner on a systematic basis. Psycho-social interventions appeared regular and thorough.
Less positive is that, despite an open-door policy during the day, many prisoners remain confined to their blocks with minimal access to outdoor space and few purposeful activities, contributing to a sense of idleness and frustration.
Particular concern centred on Division 6, which serves both as an intake and disciplinary unit. The Committee considers that the long stays, poor conditions and extremely limited regime in Division 6 may well amount to inhuman and degrading treatment. The CPT recommends the clear separation of disciplinary and induction functions and calls for improved living conditions, including ventilation, cleanliness, and noise control. Constant video-surveillance in cell should only be undertaken on a risk-assessment basis, and the toilet area should be pixelated.
The disciplinary system also remains problematic. Resort to discipline was frequent with a range of sanctions imposed, including up to 28 days in cellular confinement. In some cases, this sanction meant that a prisoner was held alone in a cell and only let out for one hour a day to shower, exercise, make calls and receive visits. Further, there were still long delays between the alleged incident and the immediate security measure (often cellular confinement) and then, only many months later, the official sanction. The Maltese authorities should fundamentally revise and reform the prison disciplinary system.
Conditions at the juvenile unit were generally acceptable but there lacked a structured daily regime, tailored support where required, and timely disciplinary processes.
Healthcare in CCF has seen a marked improvement. The prison now benefits from well-equipped facilities, better staffing, and prompt medical access. However, some shortcomings remain in safeguarding medical confidentiality, managing injury reports, and streamlining appointment access.
In police custody, the situation is comparatively more positive than that found in the previous visits. The CPT received no allegations of ill-treatment, and core legal safeguards—such as access to a lawyer, doctor, and notification of custody —are mostly in place. Nonetheless, gaps in custody record-keeping, especially during the critical period between arrest and formal detention, pose a risk to detainee rights and undermine transparency. Movements between police stations and custody centres were not fully documented, creating the risk of unmonitored detention periods. The CPT stresses the need for a comprehensive, continuous custody log from the moment of apprehension right up to release or transfer to detention.
In the immigration detention system, conditions at Safi and Hal Far Initial Reception Centre have improved slightly since the Committee’s previous 2020 visit, at the height of the Covid-19 pandemic. With fewer arrivals in 2023, open centres were less crowded, and far fewer foreign nationals were being held in the closed facilities. These facilities had been subject to some refurbishments. Staffing increases were noted, along with a change in the operational management.
However, the overall regime remains deeply punitive. Safi and Hal Far centres still operate in a carceral manner with minimal daily regime or structure, limited access to outdoor areas and poor conditions. Large dormitories crammed with bunkbeds, outdated infrastructure, the use of former warehouses, and unsanitary conditions continue to undermine detainees’ dignity.
The authorities need to expand the activities available such as language classes, vocational training, and sports, and ensure free daily access to outdoor spaces. Further, the warehouse-style units should be reconfigured into smaller, more humane living arrangements.
Allegations of staff violence, particularly after an attempted escape in May 2023, were received by the CPT. Some detained foreign nationals reported being punched, kicked, racially insulted, and tightly handcuffed while restrained. The CPT called for a reinforced zero-tolerance stance on abuse.
Minors, especially those awaiting age assessments, are detained in environments unsuited to their needs, with no meaningful programmes or structured routines. The Committee underlines that the Safi centre is particularly inappropriate to housing them.
In sum, concerted action is still required to ensure humane treatment and standards for foreign nationals held in immigration detention.
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