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 they pose a threat to public order, public security and health or that they are 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 authorised by a foreigner, they are considered a visitor. 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.
Access of lawyers to detention facilities
Attorneys at law who are on the list of providers of free legal aid reported to Croatian Law Centre that they did not encounter problems when accessing Reception Centres for Foreigners. However, according to the Ombudswoman’s report for 2024,[4] difficulties in accessing legal aid providers were observed and access for attorneys to the centres remains difficult.[5] Those who are not on the list of free legal aid providers and do not yet have a power of attorney because they are meeting clients for the first time must announce their visit two days in advance and are treated as visitors, not legal representatives. Also, due to coordination with interpreters, short legal deadlines can be missed. Telephone communication is also difficult, especially at the beginning when the attorney needs to obtain a power of attorney, and later, when individuals must wait for the attorney’s call in front of a phone booth. As highlighted by the Ombuswoman, these conditions are contrary to international standards guaranteeing unhindered access to an attorney from the very beginning of the deprivation of liberty.
Access of NGOs and UNHCR to detention facilities
During 2024, the Croatian Red Cross (CRC) did not face issues to access transit reception centres and reception centres for foreigners. Throughout 2024, CRC continued with regular psychosocial support activities and efforts to restore family links in the reception and transit centers for migrants in Ježevo, Trilj, and Tovarnik. CRC’s employees from Tracing Service and Migrant Protection Service, who provide psychosocial support, visited the Reception Centre for Foreigners in Ježevo on a weekly basis. The Transit Reception Centres in Trilj and Tovarnik were visited by CRC’s employees on average every two months.[6]
These activities were implemented under the Cooperation Agreement with the Ministry of the Interior of the Republic of Croatia, valid from 2023 to mid-2026. The activities were funded through the following projects: the Global Route Based Migration Programme – Migration Case for Support by the International Federation of Red Cross and Red Crescent Societies (IFRC), as well as support from the International Committee of the Red Cross (ICRC) and UNHCR. The Reception Center for Foreigners in Ježevo was visited weekly, totaling 42 visits. The transit reception centers in Trilj and Tovarnik were visited four and five times, respectively, depending on the number of migrants present and their specific needs.[7]
The CRC reported that in 2024, persons detained in the Reception Centre for Foreigners in Ježevo have been provided with the posibility to call their family members via social media and the internet. It is important to note that family members cannot see where persons are, while detained persons can see their family members, which has contributed to greater psychosocial well-being of deteinees in the center.[8]
In practice, other NGOs have been facing obstacles to access detention centres for the past several years.
The Centre for Peace Studies was granted a visit in 2024 to see an applicant for international protection while the applicant was in detention at the Transit Reception Centre for Foreigners in Trilj.[9]
The UNICEF Office for Croatia reported that in 2024 they continued cooperation with the Ministry of Interior in implementing activities in the field of protection of children and families of refugees and migrants. Cooperation in the development and establishment of training for police officers in assessing the vulnerability of children and persons caring for children in migration has not been realized, given that the capacity building of police officers is carried out through Frontex trainings, such as “Families with children in return“. Cooperation also continued through the regular exchange of data on refugee and migrant children in Reception Centres for applicants for international protection, the Reception Center for Foreigners and Transit Reception Center for Foreigners. However, during 2024, UNICEF Office for Croatia did not request access to the Reception Center in Ježevo, nor to the Trilj and Tovarnik transit reception centers [10]
UNHCR has access to the Centres but each of its visit should be announced in advance.
According to the Ombudswoman’s report for 2024, UNHCR representatives visit the Reception Centre for Foreigners in Ježevo once every three months. In addition, until June 2024, UNHCR representatives visited the Center in Tovarnik once, and during 2024, they also visited the center in Trilj once.[11]
[1] Article 18 Detention Centre Ordinance.
[2] Article 19 Detention Centre Ordinance.
[3] Article 25 (5)-(6) Detention Centre Ordinance, citing Article 19.
[4] Ombudswoman: Report of the Ombudswoman for 2024, page 279, available at: https://www.ombudsman.hr/hr/download/izvje-e-pu-ke-pravobraniteljice-za-2024-godinu/?wpdmdl=20339&refresh=67efca50785f31743768144/.
[5] The information relates generally to access by attorneys, not just those representing applicants for international protection.
[6] Information provided by Croatian Red Cross, 20 January 2025.
[7] Croatian Red Cross: Annual report on the work of the Croatian Red Cross in 2024, page 84, available at: https://www.hck.hr/UserDocsImages/vijesti/2025/AD%205)%20Izvje%C5%A1%C4%87e%20o%20radu%20HCK%20u%202024.pdf?vel=5096156.
[8] Information provided by Croatian Red Cross, 20 January 2025.
[9] Information provided by Centre for Peace Studies, 27 February 2025.
[10] Information provided by UNICEF Office for Croatia, 4 February 2025.
[11] Ombudswoman: Report of the Ombudswoman for 2024, page 280, available at: https://www.ombudsman.hr/hr/download/izvje-e-pu-ke-pravobraniteljice-za-2024-godinu/?wpdmdl=20339&refresh=67efca50785f31743768144/.