The Italian Council of State confirms its position on Bulgaria as a not safe country for the transfer of asylum seekers under the #Dublin Regulation.
With the decision n. 5085 of the 3rd of November 2017, the highest administrative Italian court annulled the transfer to Bulgaria of an asylum seeker under 604/2013 Regulation, confirming its orientation as already expressed last year with several other pronunciations ( n. 3998/2016 Reg. Prov. Coll., n. 3999/2016 Reg. Prov. Coll., n. 4000/2016 Reg. Prov. Coll. and n. 4002/2016 Reg. Prov. Coll.).
In this decision the Council of State affirmed that “there are no reliable elements that led us to believe that the condition of asylum seekers in Bulgaria can be considered respectful of fundamental human rights and can lead to a concrete risk of suffering inhuman and degrading treatments as foreseen in art. 3 par. 2 Reg. n. 604/2013”.
This is particularly relevant if we think that the administrative judges went beyond the informations provided by the Ministry of Foreign Affairs. In fact, in the opinion of the Council of State, this informations “doesn’t provide enough convincing elements regarding the effective respect of the reception standards in order to avoid the doubt that, up to now, there are still systemic deficiencies in the asylum seekers reception system” in Bulgaria.
This decision, that follows the legal precedents of the European Courts of Human Rights, reaffirms the fundamental principle that a judge must annul the transfer decree every time there is the reasonable doubt that in the outgoing country exists habitual infringement of human rights. According to these considerations, the highest administrative Italian court took in consideration the informations and data, used by the claimant during the appeal, gathered by the international N.G.O.’s and by the decisions of the European high courts.
The Council of State, in the present case, confirmed that there were a risk of suffering inhuman and degrading treatments in the eventuality of a transfer of the claimant to Bulgaria and for this reason annulled the transfer decree.
reçu via la mailing-list Migreurop, le 13.11.2017 (email de Lucia Gennari)
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