Author
The Asylum Act and the general regulation governing the placement of foreign and stateless persons in CIT and EECIT[1] provide for the right of detainees to receive visits from legal representatives, embassy representatives, relatives, as well as national and international human rights organisations.[2]
In accordance with the law, UNHCR and CPR have the right to be informed of all asylum claims presented in Portugal and to personally contact asylum seekers irrespective of the place of application in order to provide information on the asylum procedure, as well as regarding their intervention throughout the process.[3]
In the particular case of legal assistance, asylum seekers in detention are entitled to receive visits from lawyers, UNHCR, and CPR.[4] Access restrictions can only be based on grounds of security, public order or operational reasons and only to the extent that they do not limit access in a significant or absolute manner.[5]
While in the past CPR only had access to asylum seekers detained at the border or in pre-removal detention centres, following the status determination interview conducted by SEF, since the end of October 2023, the organisation has full access to detained asylum seekers. Nevertheless, some difficulties have been observed regarding access to persons detained at the transit area of Lisbon airport mostly due to the lack of PSP personnel to escort applicants/legal officers.
According to the Ombudsperson, detainees may receive visits lasting up to one hour between 9h and 19h.[6]
Regarding other forms of contact with the exterior, detainees at EECIT Lisbon are allowed to use their mobile phones in their rooms and have access to free wi-fi internet.
In its 2023 report, covering 2022, the National Preventive Mechanism criticised once again the absence of a cultural mediator in the facility.[7]
CPR’s legal officers visit EECIT Lisbon on a regular basis to provide free legal information and assistance within the context of the asylum procedure to asylum seekers detained in the facility (see: Border Procedure: Legal Assistance)
In the case of CIT– UHSA, the law provides for an MoU with the International Organisation for Migration (IOM) and the Jesuit Refugee Service (JRS) Portugal,[8] that are responsible for training staff and providing social, psychological, and legal assistance to detainees.
According to CPR’s experience regarding asylum seekers who have applied from detention at CIT – UHSA, JRS Portugal has staff in the detention facility that provide in-house assistance. Medical and psychological assistance is provided by volunteer organisations such as MdM. Furthermore, IOM shares information materials at the facility (namely on the rights and duties of detainees, regular migration, removal and detention), organises information sessions and conducts interviews on the circumstances of detention.
Asylum seekers detained in CIT-UHSA benefit from legal assistance provided by CPR in cooperation with JRS staff present in the facility.
According to the National Preventive Mechanism, visits are also allowed in CIT-UHSA (1 visitor per detainee at each time).[9]
[1] Regulamento Regime geral sobre o acolhimento de estrangeiros e apátridas em Centros de Instalação Temporária (CIT) e Espaços Equiparados a Centros de Instalação Temporária (EECIT), 31 July 2020, available at: https://bit.ly/3MmNbvp.
[2] Article 35-B(3) Asylum Act.
[3] Article 13(3) Asylum Act.
[4] Article 49(6) Asylum Act.
[5] Article 35-B(4) Asylum Act.
[6] Ombudsman, ‘Mecanismo Nacional de Prevenção, Relatório à Assembleia da República’, June 2020, p.61, available at: https://bit.ly/2Pz1ZiN.
[7] Ombudsman, Mecanismo Nacional de Prevenção – Relatório à Assembleia da República 2022, July 2023, p.92, available at: https://tinyurl.com/yumbbkwf.
[8] Article 3 Decree-Law 44/2006.
[9] Ombudsman, ‘Mecanismo Nacional de Prevenção, Relatório à Assembleia da República’, 24 June 2021, p.103, available at: https://bit.ly/329nbSK.