Author
The LITP prescribes that the Ministry of Interior is obliged, within 15 days from the expression of the intention to apply for international protection, to inform an applicant in writing about the method of conducting procedure for international protection, about rights and obligations applicants are entitled to in the procedure, and about the possibility of communicating with representatives of the UNHCR and other organizations dealing with the protection of refugees’ rights as well as on the possibility of receiving free legal aid.[1] If this information cannot be provided in writing for justified reasons or if the applicant is illiterate, the information shall be provided orally in a language reasonably supposed to be understood by the applicant and in which the applicant is able to communicate.[2] The same type of information is provided with the same modalities to applicants during all types of procedures. The only exception where this information should be given by police officers is when a third-country national or stateless person who wishes to express their intention is detained in a reception center for foreigners, at a border crossing or in the transit zone of an airport, sea port or inland water port. In that case, police officers shall provide all necessary information on the procedure for granting international protection in a language reasonably supposed to be understood by them and in which they are able to communicate.[3]
Official information on the procedure
At the beginning of the interview, the applicant is also informed about his or her duties in the procedure and during the interview. According to the Ministry of Interior, in general, information is provided during the process of lodging the application for international protection in the presence of interpreter and information is also given to the person in writing.[4] An information sheet, together with the rest of the documents (House Rules of the Reception Centre, information on Dublin procedure etc) is available in Albanian, Amharic, Arabic, Bengali, English, Farsi, French, Russian, Tigrinya, Turkish, Pashto and Urdu.[5] According to the Ministry of Interior, if information is not translated in a particular language, then it is translated from Croatian in the presence of an interpreter.
Applicants are informed about the Dublin procedure when expressing the intention to apply international protection, and later on when lodging the application for international protection. They are provided with information explaining the purpose of the Dublin procedure as well as the purpose of taking fingerprints and of the Eurodac database. Also, information has clarified the procedure to be carried out if the applicant for international protection is an unaccompanied child. The above information is available in 8 language versions: Urdu, English, French, Arabic, Croatian, Somali, Farsi and Turkish.[6]
The decision on the transfer that applicants receive include the ground for application of the Dublin Regulation, and also information on the fact that they can lodge a lawsuit/complaint before the Administrative Court within 8 days from the delivery of the decision. The Ministry of Interior does not provide a written translation of the Dublin decision, but they do explain it orally in a language that the applicant understands during the delivery of the decision itself.
No information is available on whether the common leaflet and the specific leaflet for unaccompanied children have been created in accordance with Article 4(3) of the Dublin III Regulation.
A mobile application was created within the project “Legal counselling in the procedure for the approval of international protection in 2021″.[7] The application provides information on the main features of the procedure for granting international protection and ways of exercising the rights of applicants in practice, including basic information on Dublin procedure. The application is available at multiple languages (Croatian, Arabic, English, Farsi, Pashto and Turkish).[8]
Information on the procedure from NGOs
NGOs also provide information on the asylum system. Some NGOs have issued leaflets and brochures which are also available in the Reception Centre for Applicants for International Protection, as well in Reception Centre for Foreigners. A leaflet prepared in cooperation of UNHCR, Croatian Law Centre and the Ministry of Interior contains basic information on the procedure and rights and obligations during the procedure and is available in both Receptions Centre for Applicants for International Protection and in the Reception Centre for Foreigners. The leaflet is available in Arabic, Croatian, English, Farsi, French, Pashto, Somali, Turkish, Ukrainian and Urdu. The leaflet is also available online on the Croatian Law Centre’s web page.[9] In 2023, new leaflet was under preparation by Croatian Law Centre as part of the project Legal Assistance and Capacity Building for Access to Territory and Asylum in Croatia, funded by UNHCR. Once finalized, the leaflet will be translated in several languages.
During 2022, the Centre for Peace Studies (CPS) published on its website and printed leaflets on free legal aid. The leaflet is available in several languages: Arabic, Farsi, Urdu, Pashto, Somali, Turkish, Kurdish (Kurmanji), Tigrinya, Ukrainian, French, in Spanish, English and Croatian.[10] In addition, in 2022, CPS also translated the most frequently asked questions about the procedure for seeking international protection and the rights of applicants for and beneficiaries of international protection into Russian and French.
The Croatian Law Centre, within the project entitled “Improving the protection of the rights of unaccompanied children”, prepared a leaflet for unaccompanied children. Leaflets are recorded as mp3 format in Arabic, Croatian, English, Farsi and Pashto.[11] In 2020, the Centre for cultural activities prepared 6 videos containing the necessary information for applicants for international protection and foreigners residing in Croatia, and one video contains information on legal counselling, accommodation and daily life.[12]
Information at the border
At some border crossing points, there is a lack of available interpreters. This prevents effective communication between foreigners (among whom some are potential applicants for international protection) and border officers. However, according to the LITP, third-country nationals or stateless persons who are detained in a reception centre for foreigners, at a border crossing or in a transit zone of an airport, sea port or inland water port and who wish to express their intention to apply for international protection shall be provided by police officers with all necessary information on the procedure for international in a language reasonably supposed that they understand it and in which they are able to communicate.[13]
In practice, persons may seek international protection at police stations at the border. Border guards have received training on how to recognise indications that a person wishes to seek protection. Interpretation at the border is also problematic. Problems regarding access to the territory and, therefore, to the asylum system which started at the end of 2016 still raises concerns (see Access to the territory and pushbacks), although a very significant increase in numbers of applicants for international protection was recorded in 2022 and 2023.
[1] Article 59(2) LITP.
[2] Article 59(3) LITP.
[3] Article 59(1) LITP.
[4] Information provided by the Ministry of Interior, 28 January 2019.
[5] Information provided by the Ministry of Interior, 28 January 2019.
[6] Information provided by the Ministry of Interior, 28 January 2019.
[7] Project was co-financed with the funds of the Fund for Asylum, Migration and Integration.
[8] See: https://rhprotection.mup.hr/hr.
[9] The leaflet may be found at CLC web page in Croatian at: https://bit.ly/3ux3zTR; in English at: https://bit.ly/3uzy9wk; in Arabic at: https://bit.ly/3E2AEKC; in Somali at: https://bit.ly/3E2Pxwi; in Turkish at: https://bit.ly/3jsn9Ku; in Pashto at: https://bit.ly/3rkgdn3; in Farsi at: https://bit.ly/3vbDOrh; in French at: https://bit.ly/3xhYksT; in Urdu at: https://bit.ly/37cZBH1; and in Ukrainian at: https://bit.ly/3KCbpB9.
[10] Centre for Peace Studies, Leaflet on free legal aid, available at: https://bit.ly/44cOcie.
[11] Croatian Law Centre, ‘Information leaflet for unaccompanied children in audio format, 17 July 2017, available in Croatian at https://bit.ly/2H9BpX3.
[12] The video is available at: https://bit.ly/32CTDJP.
[13] Article 59(1) LITP.