CLA Publications

Increasing the transparency and accountability of Bulgaria’s detention practices of asylum seekers and migrants - Report

Freedom of the person and the right to free movement are among the basic human rights recognized in a number of foundational acts at the international, regional and national levels. The limitation of these rights is permissible only in exceptional cases determined by law. There are two basic regimes for the limitation of these rights, which are essentially different in character: punitive and administrative. Punitive detention is imposed a result of an investigated or committed crime, its goal is to punish and to reform, and it has strictly regulated substantive and procedural guarantees and regime. Unlike punitive detention, administrative detention, or the so-called detention without process, is imposed with a one-time decision of an executive body, and has preventative character, mainly regarding acts related to security and migration policy, as well as ensuring the execution of future acts of return and deportation.

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