Author
The Border Police Directorate of the Ministry of Interior is in charge of the management of the detention centre and the staff working within the centre are mainly police officers. In 2019, the Ministry of Interior reported that a total 75 employees work in the Reception Centre for Foreigners in Ježevo, 33 in the Transit Reception Centre in Tovarnik and 42 in the Transit Reception Centre in Trilj.[1] No new data is available since then.
The new Ordinance on accommodation in the Reception Centre for Foreigners and the method of calculating the costs of forced removal entered into force at the beginning of January 2022 and was amended in 2023.[2]
In 2020, the Ombudswoman initiated an investigation related to access to free legal aid for irregular migrants detained in the Reception Centre for foreigners in Ježevo. It was determined that they were not adequately informed that they are entitle to free legal aid. They were also not made aware of contact persons they may turn to for legal advice and / or legal representation. The Ombudswoman recommended that information on free legal aid be printed in languages usually spoken by foreigners in return procedures, posted on the notice boards of the Centre and provided to each migrant when issuing a return decision.[3]
Amendments to the Ordinance on accommodation in the Reception Centre for Foreigners and the method of calculating the costs of forced removal (i.e., Detention Ordinance) from 2023, stipulate that during reception in the Centre, it will be checked whether the foreigner was informed of the right to free legal aid and whether s/he wishes to exercise that right. This should be done in a language s/he understands or for which can reasonably be assumed that the foreigner understands it. If a person is not adequately informed about the right to free legal aid, the foreigner will be informed about this right at the Centre.[4]
During 2023, according to the Croatian Red Cross, persons in detention often reported language barriers which sometimes made it difficult for them to communicate and to understand their own rights and obligations. CRC mostly provides interpreters for its visits, most often for Turkish, Kurdish, Farsi, Arabic, French and Russian, which greatly facilitates the provision of psychosocial support.[5]
Overall conditions
Conditions in the detention centre are satisfactory. According to the Ombudsman’s report for 2022,[6] all three reception centres for foreigners (transit-reception centres in Tovarnik and Trilj and Ježevo Reception Centre) are working on further improvement of accommodation conditions by investing in construction or improvement of existing accommodation capacities.
In May 2022, a Decision was made on the allocation of financial resources for the implementation of the project “Improvement of accommodation and working conditions in the Transit Reception Centre for foreigners Trilj” within the framework of the AMIF.[7]
The purpose of this project is to improve the accommodation and working conditions in the Transit Reception Centre for foreigners in Trilj through the construction of sanitary facilities, the separation of the living area from the reception area for foreigners, the installation of a video surveillance system and an alarm bell, and the procurement of additional necessary equipment and furniture.
In 2023, following two decisions taken in 2018 and 2020,two decisions were made on the allocation of financial resources for the implementation of the project aimed for maintaining an adequate level of accommodation in the Reception Centre for foreigners within the framework of the AMIF.[8]
The new Ordinance on accommodation in the Reception Centre for Foreigners and the method of calculating the costs of forced removal entered into force at the beginning of January 2022.[9] The Ordinance was amended at the end of 2022 and in 2023.
According to the Ordinance, each room must guarantee 4m2 per person and have access to daylight.[10] Every person has their own bed and there is sufficient space and separation between beds, as well as sufficient space to store personal possessions. Men and women are separated, except in the case of family. Family members, if they are not accommodated in the same room of the Centre, will be provided with daily meetings and socializing.[11] Detainees are provided with clothes,[12] although they are all dressed in identical tracksuits and cannot, in usual circumstances, use their clothes. Upon arrival in the Centre and during their stay, persons use the clothes, bed linen and hygiene supplies they are assigned. If necessary, their clothes are being washed and put away packed in a storage room, and only exceptionally foreigners may be allowed to use their own clothes, if the clothes are suitable for staying in the centre.[13]
There used to be a so-called library within the centre so detainees had access to books in various languages. Yet, according to the CPT report, the Centre had no library. However, in response to the report, the Croatian Government reported that bookcases have been set up in the living area. The books are available in English, German, Italian, Spanish, Russian, Turkish, Arabic, Urdu, Pashto and Farsi and the list is continuously updated.
However, no internet access is available. The centre is cleaned on a regular basis and there are sufficient showers and toilets. There is a common room with a TV available and migrants can spend most of the day there, watching TV or playing cards. There is also a facility for buying cigarettes and drinks. There are two public phones available to migrants at the Centre that can be used at their own cost. However, detained migrants are not allowed to use their mobile phones, which are seized upon admission to the Centre.[14]
If a person is in possession of any cash, it will be temporarily seized.[15] While staying in the Centre, people may however use the seized cash for necessary payments; the exchange of foreign currencies is done once a week. Any detainee cannot be in possession of an amount of money superior to EUR 53.09.[16]
The costs of accommodation of foreigners in the centre are charged as a flat rate at the amount of 33.18 euros per day and are calculated from the day accommodation until the day of discharge from the centre.[17] These costs are borne by the foreigners themselves and in the case of families, the costs are borne by the person who holds the funds.[18]
According to the Ordinance, persons are provided with three meals a day, of which at least one must be a warm meal. Children are provided with four meals a day. Specific diets can be prepared upon request for religious reasons, or when ordered by a doctor (e.g., for pregnant women).[19] In practice, quality of food is generally reported to be of a satisfactory level.
People are entitled to stay outdoors for at least two hours a day in a specially designated area within the Centre (there is a football playground serving as an outdoor exercise area).[20] This does not always happen, for example during bad weather conditions.
Migrants, have the right to practice their religion, but they must respect the religious and cultural worldviews of other people in the centre. In addition, upon their requests, foreigners will be allowed be contact with religious communities.[21]
With the support of the EU financial instrument “Asylum, Migration and Integration Fund” (AMIF), a new kitchen, laundry and a heating system were installed in the course of 2019 as well as a football field.[22] At the end of 2020, the Ministry of Interior’s Decision was taken on the allocation of additional financial resources for the implementation of the project “Assistance in maintaining an adequate level of accommodation in the Reception Centre for Foreigners” within the framework of AMIF.[23] In 2023, two decisions were made on the allocation of additional financial resources for the implementation of the project aimed for maintaining an adequate level of accommodation in the Reception Centre for foreigners within the framework of the AMIF.[24]
In October 2020, information was published according to which the Reception centre for Foreigners in Ježevo implements the project: “Improvement of accommodation conditions and working conditions in the Reception Center for Foreigners in Ježevo”. The aim of the project is to ensure adequate accommodation conditions for third-country nationals in accordance with EU standards, improve the infrastructure and to raise the level of quality of services as well as working conditions for employees in the Centre.[25] In June 2021, the Decision on the allocation of financial resources for the implementation of the project “Improvement of accommodation and working conditions in the Reception Centre for Foreigners in Ježevo – II. phase” was adopted.[26] In May 2021, the Decision on the allocation of financial resources for the implementation of the project “Improvement of accommodation and working conditions in the Transit Reception Centre Trilj” was adopted.[27]
According to Croatian Red Cross employees who were present regularly in the reception centres for foreigners in the course of 2023, an increase in the number of persons detained in centers was observed, but the length of stay was also shortened, in most cases to a few days. Most of the beneficiaries were returned to the countries they came from through the readmission procedure in case they did not want to apply for international protection in Croatia, and if they did, no information has been received as to whether that was possible.[28]
The ECtHR issued its judgement in the case of Daraibou v. Croatia, concerning detention conditions in the premises of the Border Police station of Bajakovo. The case concerned a fire that broke out in the basement room of Border Police station Bajakovo, where applicant and three other migrants were detained as irregular migrants pending their expulsion back to Serbia next day. According to the Government, the applicant and other detainees set fire to their mattresses, bedsheets and clothes, probably using a cigarette lighter. The fire was intense and spread uncontrollably. A number of police officers rushed into the basement area to rescue the detainees. One of the detainees died at the scene of incident, while two others later succumbed to their injuries. The applicant had suffered severe injuries. The applicant complained under the substantive and procedural limbs of Articles 2 and 3 ECHR that Croatia is responsible for not preventing a life-threatening situation, a fire in the police station, owing to which he suffered grave bodily injuries and that no effective investigation has been carried out in that respect. In its judgement,[29] the ECtHR ruled, unanimously, that two violations of Article 2 (right to life/investigation) of the ECHR occurred. The Court concluded that the authorities had failed to provide the applicant with sufficient and reasonable protection of his life and limb, in violation of Article 2. It also held that there had been a further violation of Article 2 as concerned the investigation into the tragic fire. Although the authorities’ initial reaction had been prompt, certain questions – concerning searches and monitoring of detainees, as well as the adequacy of the premises – had been left unanswered and no attempt had been made to establish whether there had been broader institutional shortcomings which earlier identification could have prevented similar errors in the future.[30]
Health care and special needs in detention
During the stay in the centre, access to health care services is provided to third country nationals. In case individual medical condition worsens outside working hours of the Centre’s doctor’s office, officials will take measures to provide assistance and all measures to eliminate the danger to the foreigner’s life or health. Special medical care is provided to pregnant women and women giving birth.[31]
Upon admission to the centre, the foreigner is obliged to undergo a general medical examination.[32] Immediately upon placement in the centre, the person is obliged to inform the officials about any existing health and mental condition. In case of infection or suspicion of the existence of an infectious disease, the foreigner is placed in a special room and provided with medical care.[33]
The health and medical care of persons who are accommodated at the Reception Centre in Ježevo is conducted by a general practitioner. An emergency medical service also comes to the Centre when called. If a person does not speak English, the telephone interpretation is conducted by interpreters with whom the Ministry of the Interior has concluded an agreement either during a basic medical examination, a screening, or during health checks but also when transporting persons to specialist examinations and during treatments in hospitals and specialised institutions. Psychosocial assistance and protection are conducted in cooperation with the Croatian Red Cross.
According to the knowledge of Croatian Law Centre, there is no special mechanism in the detention centre to identify persons with special reception needs. A special facility exists for vulnerable groups within the Centre. This facility is an integral part of the Reception Centre for Foreigners, which is an organisational unit of the Border Police Directorate. Beside rooms for accommodation, the facility has a living room and a playroom for children, and facilities for education, health care, isolation, psychologists and educators.
In 2022, the Croatian Red Cross (CRC) made a leaflet on the topic of mental health and psychosocial support for detained persons. The leaflet explains what reactions people in detention can have and what they can do to make it easier for themselves.[34]
In 2023, CRC continued to provide psychosocial support. According to CRC, persons detained reported to CRC mental health difficulties caused by their stay in the center, but also by previous traumatic experiences on their way to Croatia.[35]
[1] Information provided by the Ministry of Interior, Border Directorate, 6 February 2019.
[2] Official Gazette 145/2021, 155/2022, 137/2023
[3] Ombudswoman, Report of the Ombudswoman for 2020, available in Croatian at: https://bit.ly/3aaQXar.
[4] Article 8(4) Ordinance on accommodation in the Reception Centre for Foreigners and the method of calculating the costs of forced removal
[5] Information provided by Croatian Red Cross, 15 January 2024.
[6] Ombudswoman, Report of the Ombudswoman for 2022, available in Croatian at: https://bit.ly/3MNkaLf.
[7] Ministry of Interior: Project “Improvement of accommodation and working conditions in the Transit Reception Centre for foreigners Trilj”; available at: https://bit.ly/46cW8SH.
[8] Ministry of Interior, Decisions on the allocation of financial resources for the implementation of the project aimed for maintaining an adequate level of accommodation in the Reception Centre for foreigners, available at: https://bit.ly/4cqJt0u.
[9] Official Gazette 145/2021, 155/2022
[10] Article 9 Detention Centre Ordinance.
[11] Ibid.
[12] Article 11 Detention Centre Ordinance.
[13] Article 11 Detention Centre Ordinance.
[14] Article 8 (3) Detention Centre Ordinance.
[15] Article 21 (1) Detention Centre Ordinance
[16] Article 21 Detention Centre Ordinance.
[17] Article 27 (5 )- (6) Detention Centre Ordinance.
[18] Article 28 (2) Detention Centre Ordinance.
[19] Article 16 (2) – (5) Detention Centre Ordinance.
[20] Article 15 (1) Detention Centre Ordinance.
[21] Article 17 Detention Centre Ordinance.
[22] Council of Europe, Report to the Croatian Government on the visit to Croatia carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 10 to 14 August 2020, available at: https://rm.coe.int/1680a4c199.
[23] Ministry of Interior, Decision on the allocation of additional financial resources for the implementation of the project “Assistance in maintaining an adequate level of accommodation in the Reception Centre for Foreigners”, available at: https://bit.ly/3KAeu4W.
[24] Ministry of Interior, Decisions on the allocation of financial resources for the implementation of the project aimed for maintaining an adequate level of accommodation in the Reception Centre for foreigners, available at: https://bit.ly/4cqJt0u.
[25] Ministry of Interior: Project “Improvement of accommodation conditions and working conditions in the Reception Center for Foreigners in Ježevo“, 23 October 2020, available in Croatian at: https://bit.ly/3emgiiW.
[26] Ministry of Interior, Decision the allocation of financial resources for the implementation of the project “Improvement of living and working conditions in the Reception Centre for Foreigners in Ježevo – II. phase”, available at: https://bit.ly/3KzJKRi.
[27] Ministry of Interior, Decision on the allocation of financial resources for the implementation of the project “Improvement of accommodation and working conditions in the Transit Reception Centre Trilj”, available in Croatian at: https://bit.ly/3MI0197; Decision on allocation of additional financial resources, available in Croatian at: https://bit.ly/43i8eI7.
[28] Information provided by Croatian Red Cross, 15 January 2024.
[29] ECtHR, Daraibou v. Croatia, Judgment, available at: http://bit.ly/3THBvbb.
[30] ECtHR, Press Releases: Judgment Daraibou v. Croatia – fatal fire in police-station basement room used to detain illegal migrants; available at: https://bit.ly/3lFUYfS.
[31] Article 13 Detention Centre Ordinance.
[32] Article 12 (2) Detention Centre Ordinance.
[33] Article 7 Detention Centre Ordinance.
[34] Information provided by the Croatian Red Cross, 18 January 2023.
[35] Information provided by Croatian Red Cross, 15 January 2024.