Author
The same authority, i.e., the Ministry of Interior, the police administration or the police station can decide and issue decisions on a particular alternative measure and its duration.[1]
Article 54(6) LITP explicitly states that detention is only permissible where less coercive alternatives cannot be applied i.e., when it was established by individual assessment, that other measures could not achieve the purpose of the restriction of freedom of movement.
The alternatives to detention are the other measures listed in Article 54(5) LITP for the restriction of applicants’ freedom of movement:
- Prohibition of movement outside the Reception Centre for Applicants for International Protection;
- Prohibition of movement outside a specific area;
- Appearance in person at the Reception Centre for Applicants for International Protection at a specific time;
- Handing over travel documents or tickets for deposit at the Reception Centre for Applicants for International Protection;
In 2023, alternative measures were not applied.[2]
According to the Ministry of Interior, in practice, by individual assessment of the specific case, applicant will be restricted by less coercive measures first, and only if necessary by the measure of detention. Depending on the individual assessment of the specific case, taking into consideration all relevant facts regarding the explicit reason for restriction of the freedom of movement that is stated in the LITP, a written administrative decision with less coercive measure is issued. If this does not accomplish the purpose of restriction, then a new written decision with more coercive measures will be issued.[3]
[1] Article 54(11) LITP.
[2] Information provided by the Ministry of Interior, 8 March 2024.
[3] EUAA: Information on procedural elements and rights of applicants subject to a Dublin transfer to Croatia, available at: https://bit.ly/3VLNPKc, 10.