Author
According to the Detention Centre Ordinance, after being placed in the centre, individuals are entitled to one free phone call with their country’s diplomatic mission or consular office, and to another private phone call lasting up to 5 minutes. An exception is provided for minors who have the right to talk to their guardians by phone without cost and limitation. Foreigners can make other calls through the public phone in the centre at their own expense.[1]
Detainees are allowed to receive visits at least twice a week.[2] The centre must be notified about the visit in writing at least two days earlier. A visit may be prohibited if it is established that the visitor is not announced or if he or she poses a threat to public order, public security and health or that he or she is prone to improper behaviour and violation of regulations. Visits to third-country nationals shall take place in a special room for visits. The visit may last for up to an hour, regardless of the number of visitors. On an exceptional basis, a visit may last longer if approved by the head of the centre or the person designated by the head of the centre. A police officer can terminate a visit, if during the visit security, order and peace in the centre are disturbed or if it is determined that the visitor has arrived in a different capacity than announced.
Detainees shall be provided with an opportunity to communicate with their attorney and the competent national or international institutions or organisations in the field of protection of human rights and fundamental freedoms, with which the Ministry of Interior has concluded a cooperation agreement. In order to effectively realise such communication, the attorney and representatives of such organisations shall be allowed access to the centre in accordance with the rules on visits,[3] meaning that visits must be announced two day in advance and may last up to maximum one hour. If the attorney is not authorized by a foreigner, s/he is considered a visitor. Although the Amendments to the Detention Ordinance from 2023 prescribed an exception to the rule that the visit must be announced to the Centre in writing at least two days in advance, i.e., attorney or legal representative in urgent and justified cases can access to the Centre following a prior telephone announcement at least two hours before arrival, following the rule that attorney will be consider as visitor until authorisation, access remains problematic in terms of short deadlines.
Access of lawyers to detention facilities
In 2019, attorneys at law reported problems in accessing the Reception Centre Ježevo as well as problems in relation to privacy with their client.[4] No such information was received in relation to 2020. In 2021, one lawyer reported that problems persisted in that regard.[5]
According to the Ombudsman’s report for 2022,[6] difficulties in accessing legal aid providers were observed in all three centres, as also reported to the Ombudsman by the Croatian Bar Association.
In 2023, no problems related to the access to detention facilities were reported by attorneys.[7] However one attorney reported that in 2023, on two occasions, in detention cases based on national security reasons, there were problems with the privacy of conversations at the Reception Centre for Foreigners in Ježevo (RC Ježevo). RC Ježevo determined in which room the meeting with the attorney would take place, and on two occasions police officer of RC Ježevo was present in the room during the meeting. At the insistence of the attorney that no physical protection is needed and that the police officer was free to leave the room, the attorney was told that this was the instruction and that police officer must be in the room until told otherwise by a superior. The attorney called the phone number provided by the police officer, and was told that this is obligatory, not for physical protection, but for the protection of property, since there is a valuable fingerprint scanner in the room.[8]
Access of NGOs and UNHCR to detention facilities
During 2023, the Croatian Red Cross did not face issues to access transit reception centres and reception centres for foreigners. The Croatian Red Cross (CRC) regularly conducts a weekly and monthly program of psychosocial support and restoration of family ties with citizens of third countries whose freedom of movement is restricted by accommodation in reception centres for foreigners. The program is implemented based on the Agreement with the Ministry of Interior. In addition, according to the needs of the beneficiaries, CRC provides them with humanitarian aid in the form of hygiene items, materials for social workshops, books and social games. In 2023, an increase in the number of persons placed in centers was observed, but the length of stay, as reported by CRC, was also shortened in most cases to a few days. Most of the beneficiaries are returned to the countries they came from through the readmission process in case they do not want to apply for international protection in Croatia, and if they do, no information has been received by CRC that it is not possible for them to do so. In 2023, over 1,000 psychosocial support services were provided by CRC to beneficiaries accommodated in reception centres for foreigners in Ježevo, Trilj and Tovarnik,[9]
The UNICEF Office for Croatia reported that in June 2023, together with the UNHCR, they visited the Transit Reception Centre for foreigners in Trilj and gained insight into the trends and spatial conditions of the Centre, including premises intended for accommodation of families with children. At the time of the visit, no families were staying in the Reception Centre.[10]
JRS Croatia reported that as part of the OAK project, which is part of the JRS Europe program, in 2023, they focused on the monitoring of detention systems, especially in the reception centers in Tovarnik and Ježevo. The goal of the project is to provide insight into the conditions and practices within these centers and to encourage improvement and dialogue about the detention system. Activities included meetings with relevant institutions, development of monitoring tools and visits to centres to collect data. During that time, JRS Croatia collected data from the Ministry of Interior and other key participants in the asylum and migration system. Also, the access to Ježevo and Tovarnik enabled JRS to have a direct insight into the accommodation conditions of applicants for international protection in detention.[11]
In practice, NGOs have been facing obstacles to access detention centres for the past several years. The Centre for Peace Studies does not have access to the Reception Centre for Foreigners in Ježevo and the Transit Reception Centre for Foreigners in Tovarnik and Trilj since the beginning of 2018.[12] CRP Sisak, reported similar problems vis-à-vis the Reception Centre for Foreigners in Ježevo in 2022.[13] However, no such problems were reported by CRC Sisak in 2023 as they have not had clients who were detained in Ježevo. In addition, they stressed a very good cooperation with the Reception Centre for Foreigners.[14]
UNHCR has access to the Centres but each of its visit should be announced in advance.
[1] Article 18 Detention Centre Ordinance.
[2] Article 19 Detention Centre Ordinance.
[3] Article 25 (5)-(6) Detention Centre Ordinance, citing Article 19.
[4] Information provided by attorneys at law, 3 December 2019.
[5] Information provided by attorneys at law, 29 December 2021.
[6] Ombudswoman, Report of the Ombudswoman for 2022, available in Croatian at: https://bit.ly/3MNkaLf.
[7] Information provided by attorneys at law, 30 January 2024, 15 February 2024.
[8] Information provided by an attorney-at-law, 15 February 2024.
[9] Information provided by Croatian Red Cross, 15 January 2024.
[10] Information provided by UNICEF, 22 January 2024.
[11] Information provided by JRS Croatia, 5 February 2024.
[12] Information provided by the Centre for Peace Studies, 22 January 2021, also confirmed on 18 January 2023.
[13] Information provided by Civil Rights Project Sisak, 9 January 2022.
[14] Information provided by Civil Rights Project Sisak, 15 February 2023.