What procedure must be followed in a case of detention in an asylum context?
You may be detained by either state border guards or the police. Extended detention must be approved by a judge.
Police
If you were detained by the police, they must deliver you to state border guards.
Border guards
Border guards may detain you for up to 6 days without the permission of a judge. Upon your detention, the border guards must write up a detention protocol. The detention protocol must contain information about your identity, and most importantly, why and how you were detained and that you can appeal the decision to the court. Read more about the appeal.
Judge
Your extended detention may be needed for several reasons. For example, if the authorities have not managed to verify all the required information about you, if there is a risk that you may abscond, or if there is reason to believe that you may endanger public security and order. In such a case, the border guards must bring you in front of a judge. This must be done at least 48 hours before the end of the 6-day period.
Length of detention
- The judge may decide to keep you detained for only 2 more months.
- The period of your detention may not exceed the period necessary for an examination of your application. This means that, generally, you may be kept in detention for up to 3 months. In exceptional cases, your detention may extend to a maximum of 15 months, if the period for the examination of your application is extended. During this period, you have the right to an automatic review every 2 months by a judge regarding the necessity to keep you in detention.
Basic rights
You have certain important rights in the process before a judge. Read more about your basic rights.
Decision
The judge has a duty to issue a well-reasoned decision explaining why it is still necessary to keep you detained. The reasons must be closely related to your situation. Whether the authorities have acted with due diligence in checking the required information must also be verified. The decision must be made and sent to you and the border guards within 24 hours of the receipt of the application from the border guards.
Appeal
If you do not agree with the decision of the judge or you believe that your rights, such as the right to present your views, were violated in court, you have the right to appeal this to a higher Court (apgabaltiesa). The decision must contain information about the procedure and the deadline of the appeal. You also have the right to request compensation for the wrongful decision of a judge. Read about your right to receive compensation.
What human rights violation may there be?
If lawful procedures have not been followed during the detention process, this may result in a violation of the right to liberty and security of a person.