Author
UNHCR has unimpeded access to all persons under its mandate, including in detention.[1] NGOs specialised in asylum and migration issues are also entitled to have access to all persons who enjoy the status of asylum seeker.[2] Access to asylum seekers detained at the airport could be restricted, when that is necessary to protect national security and ensure public order in the Republic of Serbia.[3] CSOs in general have the possibility to access the Detention Centre in Padisnka Skela, but was rarely went in 2022 due to lack of interest of detainees to apply for asylum. Usually, the visits are conducted upon invitation of the management, and when a foreigner expresses their intention to apply for asylum. One may wonder whether more detainees would be willing to apply for asylum if the MoI allowed free visits and therefore unhindered access for lawyers able to provide legal information and counselling.
According to the NPM[4] lawyers and CSOs have unhindered access to immigration detention facilities, a remark that can be corroborated by the author of this Report. Each detention facility has designated area for confidential talk with the possibility for visual monitoring.
NPM noted a positive development in relation to providing access to legal aid for detainees, in particular as detainees are now provided with the list of lawyers drafted by the Bar Chamber. However, unless they applied for asylum (when CSOs can provide free legal aid), foreign nationals have to pay for the services, meaning that those who do not have financial means, are deprived of the possibility to enjoy legal assistance in their expulsion or detention procedure. NPM is of the opinion that Free Legal Aid Act should be amended in that regards.
There is no medical staff in any of the DCs and foreigners who have health care concerns are transported to local clinics. This practice has been criticized by the NPM.
UNHCR and IOM have regular access to detention facilities in line with their mandates.
[1] Articles 5(2), 14, 36(5), 41(3) and 56(4) Asylum Act.
[2] Articles 36(5), 41(2), 56(3) and (4) Asylum Act.
[3] Article 41(3) Asylum Act.
[4] NPM, Извештај о посети Прихватилишту за странце у Падинској Скели, no. 22900, 12 September 2023, available at: https://bit.ly/3K0Etnr; Извештај о посети Прихватилишту за странце у Пландишту, no. 370, 9 January 2024, available at: https://bit.ly/3wCECu2; Извештај о посети Прихватилишту за странце у Димитровграду, no. 7681, 31 March 2023, available at: https://bit.ly/4bJCgIR.