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Adequate support during the interview
The LITP regulates that the needs of the applicant who needs special procedural and reception guarantees shall be taken into account when rights established in the LITP are exercised.[1] The notion of “adequate support” is understood by the Ministry as meaning that vulnerability should be determined and that the rights related thereto are respected,[2] without however specifying what types of guarantees should be provided.
The Ministry of Interior does not have a special unit dealing with vulnerable groups, but accommodates their needs in the general system and assesses their cases within the same legislative framework.
For example. in 2022, 13 employees of the Service for Reception and Accommodation attended various workshops with special emphasis on the vulnerable groups in need of special reception/procedural guarantees (e.g. unaccompanied children, GBV survivors). Workshops were organized by EUAA, UNHCR, Council of Europe, UNICEF, CRC, Frontex, Judicial Academy and State school for public administration.[3] While no detailed information on trainings in 2023 is available, the Ministry of Interior confirmed that officials of the Ministry of Interior who are trained to work with vulnerable groups are those who conduct the procedure for granting international protection. Continuous training of officials takes place through the EUUA curriculum and through the workshops organized by the Croatian Red Cross, UNHCR and Croatian Law Centre.[4]
In 2023, the training of Administrative court judges, financially supported by UNHCR, was held. The topic of the training was gender-based violence in the procedure of determining international protection status i.e., appropriate gender considerations in the procedure for international protection and strict appliance of gender-sensitive procedures. Beside 9 judges and judicial advisors, 2 officials of the Ministry of Interior participated at the training.
There are few specific provisions on how to process and assess the cases of vulnerable applicants, and with a few exceptions (enumerated below) the same procedural guarantees are in place for vulnerable categories as for other applicants. There is a general obligation to take into consideration the individual situation and personal circumstances of the applicant,[5] in particular the acts of persecution or serious harm already undergone.[6] The Ministry of Interior may, with the consent of the applicant, organize a medical examination in order to determine the exposure to persecution or the risk of suffering serious harm in accordance with the act regulating the general administrative procedure. The costs of the medical examination shall be borne by the Ministry.[7]
The personal interview and decision-making mechanism is the same for all applicants, regardless of their vulnerability.
Through special procedural (and reception) guarantees, appropriate support shall be provided for applicants in relation to their personal circumstances, among other things their age, sex, sexual orientation, gender identity, disability, serious illness, mental disorder, or as a consequence of torture, rape or other serious forms of psychological, physical or sexual violence, for the purpose of exercising the rights and obligations referred to in the Law on International and Temporary Protection (LITP).[8] The provisions LITP related to border and accelerated procedures shall not apply to applicants who are in need of special procedural guarantees, especially victims of torture, rape, or another form of serious psychological, physical, or sexual violence, if it is not possible to provide the appropriate support.[9]
It could be concluded that, according to the LITP, vulnerable applicants have the following rights in the status determination procedure:
- the possibility to be interviewed by a decision-maker of the same sex;[10]
- to an interpreter of the same sex, if possible;[11]
- to be interviewed as soon as possible upon the submission of the application for international protection;[12]
- in cases where the interview is omitted,[13] in particular when an applicant is unfit or unable to be interviewed, owing to enduring circumstances beyond their control, their relatives shall be permitted to present evidence and give statements;[14]
- in case of an application of an unaccompanied child, the application has priority in decision-making (see section on Regular Procedure: Fast-Track Processing).[15]
Exemption from special procedures
According to the LITP, the Accelerated Procedure would not apply to applications lodged by an unaccompanied child except in cases when a subsequent application is admissible, when the child represents a risk for the national security or public order of the Republic of Croatia or when it is possible to apply the concept of safe country of origin.[16] According to the Ministry of Interior during 2023 applications lodged by unaccompanied children were not processed under the accelerated procedure.[17]
Procedures at border crossing points or in transit zones would not apply to applications lodged by an unaccompanied child.[18] However, as mentioned in Border procedure (border and transit zones), no border procedure is in place in practice.
The LITP also prescribes that accelerated procedures and procedures at border crossings or in transit zones, shall not apply to applicants who are in need of special procedural guarantees, especially victims of torture, rape or another form of serious psychological, physical or sexual violence, if it is not possible to provide the appropriate support (“adequate support”).[19]
[1] Article 52(2) LITP.
[2] Information provided by the Ministry of Interior, 21 July 2017.
[3] Croatian Law Centre, The Croatian Asylum System in 2022 – National Report. The report was prepared as part of the project “Legal Assistance and Capacity Building for Access to Territory and Asylum in Croatia“, with financial support of the UNHCR Croatia: available in English at: https://bit.ly/434T7RL.
[4] Information provided by the Ministry of Interior, 8 March 2024.
[5] Article 28(2)(3) LITP.
[6] Article 28(3) LITP.
[7] Article 28(4) LITP.
[8] Article 15(1) LITP
[9] Article 15 (3) LITP.
[10] Article 35(5) LITP.
[11] Article 14(3) LITP.
[12] Article 35 LITP.
[13] Article 35(8)(2) LITP.
[14] Article 35(9) LITP.
[15] Article 17(9) LITP.
[16] Article 17(10) LITP.
[17] Information provided by the Ministry of Interior, 8 March 2024.
[18] Article 17(11) LITP.
[19] Article 15(3) LITP.