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 for 2020,2021 and 2022.
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.[2]
In 2020, the Ombudswoman initiated an investigation proceeding 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 is 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] In 2021, the Ombudsperson conducted one investigative proceedings regarding the inability to access the international protection procedure in the reception centre for foreigners.[4]
According to the Ombudsman’s report for 2022,[5] difficulties were reported in realization of rights of detained persons, especially due to the insufficient and inadequate information provided. In addition, in 2022, the Ombudswoman conducted investigations based on complaints from applicants for international protection, their family members, as well as on information provided by civil society organizations and determined that, at border police stations, interpretation was not provided when processing cases and issuing decisions on restriction on freedom of movement. Detained persons also complained that they were not aware of the reasons for the restriction of movement imposed on them, and that they were not informed about the status of their cases.
The CPT report on its visit to Croatia in 2020 was published in December 2021.[6] The CPT delegation visited inter alia the Reception Centre for Foreigners in Ježevo. Almost all the persons who met with CPT’s delegation at Reception Centre for Foreigners in Ježevo stated that they were treated correctly and respectfully by the staff in Ježevo. However, the CPT recommended that staff working in the Centre no longer carry baton s in detention areas and that staff should be provided with regular training on cultural mediation and on techniques to de-escalate tense situations. The CPT also provided a set of other recommendations regarding the conditions in the Centre, the importance to schedule outdoor activities and the access healthcare. It also recommended that more formal and reliable systems should be put in place to ensure that all detained persons fully understand the grounds for their detention and the possibilities to challenge such a decision as well as any decisions on extending the period of detention, but also that all persons held under aliens’ legislation (i.e. under the Law on Foreigners and the LITP) have an effective right of access to a lawyer. In addition, even if the right of detainees to lodge complaints to the Director of the Reception Centre is already regulated, the CPT recommended that an effective complaint system should be introduced at the Reception Centre in Ježevo. This should include the installation of dedicated complaints boxes as well as a central register of complaints where the date, subject matter, processing, and response should be recorded. Further, in order to strengthen the effectiveness of the system, detained persons who are dissatisfied with the response to their complaints should be able to appeal to a second instance body within the Ministry of the Interior.
Overall conditions
Conditions in the detention centre are satisfactory. According to the Ombudsman’s report for 2022,[7] 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 Fund for Asylum, Migration and Integration.[8]
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.
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 December 2022, due to the entry of the Republic of Croatia into the Eurozone.
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.[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]
According to the CPT report on its visit to Croatia in 2020, upon admission, detained persons had their personal clothes washed, disinfected, and stored for the entire period of detention and were provided with two sets of standard clothes and shoes from the centre. However, several detained persons complained that they could only change their clothes once a week, which was insufficient to maintain basic hygiene, especially during summer. Furthermore, personal hygiene kits were provided to all detainees on a weekly basis. In terms of food, several foreign nationals complained about the monotonous food provide for dinner which always consisted of canned meat paste, which is confirmed by the weekly menus.[14]
There used to be a so-called library within the centre so detainees had access to books in a few 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.[15]
If a person is in possession of any cash, it will be temporarily seized.[16]
While staying in the Centre, people may however use the seized cash for the necessary payment; 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.[17]
The costs of accommodation of foreigners in the centre are charged as a flat rate at the amount of 33.18 euros and are calculated from the day accommodation until the day of discharge from the centre.[18]
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.[19]
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).[20] 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).[21] 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 in contact with religious communities.[22]
However in 2022, detained persons reported to Ombudswoman problems related to nutrition, the inability to make phone calls, inadequate health care, the behaviour of police officers and similar.[23]
With the support of the EU financial instrument “Asylum, Migration and Integration Fund” (AMIF) a new kitchen, laundry and heating system were installed in the course of 2019 as well as a football field.[24] At the end of 2020, the decision was brought 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 Asylum, Migration and Integration Fund.[25]
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.[26] 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.[27] 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.[28]
As regards police stations, a case concerning conditions in detention i.e. premises in the Border Police station of Bajakovo, Daraibou v. Croatia, was lodged on 19 December 2017 and was communicated by the ECtHR on 23 October 2018.[29] The applicant complained under the substantive and procedural aspects 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 January 2023, the ECtHR delivered its ruling in Daraibou v. Croatia.[30] The ECtHR established, unanimously, that two violations of Article 2 (right to life/investigation) of the European Convention on Human Rights occurred. The ECtHR 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 could have prevented similar errors in the future.[31]
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 of the working hours of the centre’s doctor’s office, officials will take measures to provide assistance and all measures to eliminate the danger to foreigner’s life or health. Special medical care is provided to pregnant women and women giving birth.[32]
During admission to the centre, the foreigner is obliged to undergo a general medical examination.[33]
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.[34]
According to Ministry of Interior, health and medical care of persons who are accommodated at the Reception Centre in Ježevo is conducted by a general practitioner in the branch office of the Medical Centre Dugo Selo.[35] As of 1 January 2021, a full-time nurse has been employed in the office who conducts a basic medical examination and screening immediately after a foreign national is accommodated in the Centre. A doctor comes to the office on Tuesdays and Thursdays and when called by the nurse. 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 is conducted in cooperation with the Croatian Red Cross whose psychologists and psychiatrists come to the Centre accompanied by interpreters twice a week and when called. They transfer foreign nationals to specialised institutions if specialist examinations are needed and with the authorisation of a doctor. Due to the COVID-19 pandemic, persons undergo a PCR test before accommodation at the Centre and by a rapid antigen tests during their stay at the Centre. In addition, all persons located at the Centre have the option to be vaccinated against COVID-19.
There is no special mechanism in the detention centre to identify persons with special reception needs. Although vulnerable applicants were rarely detained in the past few years, when that happened, vulnerable persons were usually transferred to open centres upon request from lawyers working in NGOs. However, within the Centre a special facility exists for vulnerable groups. This facility is an integral part of the Reception Centre for Foreigners, which is an organisational unit of the Border Police Directorate. The facility has a capacity of 27 places. 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.[36]
In 2022, Croatian Red Cross continued to provide psychosocial support and made a leaflet on the topic of mental health and psychosocial support for detained persons. The leaflet states what reactions people in detention can have and what they can do to make it easier for themselves.[37]
[1] Information provided by the Ministry of Interior, Border Directorate, 6 February 2019.
[2] Official Gazette 145/2021, 155/2022
[3] Ombudsman, Annual report 2020, available in Croatian at: https://bit.ly/3aaQXar.
[4] Ombudsperson, Annual report 2021, available in Croatian at: https://bit.ly/3OdvWOS.
[5] Report of the Ombudswoman for 2022, available in Croatian at: https://bit.ly/3MNkaLf.
[6] 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.
[7] Report of the Ombudswoman for 2022, available in Croatian at: https://bit.ly/3MNkaLf.
[8] Ministry of Interior: Project “Improvement of accommodation and working conditions in the Transit Reception Centre for foreigners Trilj”; available at: https://bit.ly/46cW8SH.
[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] 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.
[15] Article 8 paragraph 3 Detention Centre Ordinance.
[16] Article 21 paragraph1 Detention Centre Ordinance
[17] Article 21 Detention Centre Ordinance.
[18] Article 27 paragraphs 5 -6 Detention Centre Ordinance.
[19] Article 28 paragraph 2 Detention Centre Ordinance.
[20] Article 16 paragraphs 2-5 Detention Centre Ordinance.
[21] Article 15 paragraph 1 Detention Centre Ordinance.
[22] Article 17 Detention Centre Ordinance.
[23] Report of the Ombudswoman for 2022, available in Croatian at: https://bit.ly/3MNkaLf.
[24] 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.
[25] 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.
[26] Ministry of Interior: Project “Improvement of accommodation conditions and working conditions in the Reception Center for Foreigners in Ježevo“, 23 October 2020, available at: https://bit.ly/3emgiiW.
[27] Decision on 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.
[28] 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 at: https://bit.ly/3MI0197; Decision on allocation of additional financial resources , available at: https://bit.ly/43i8eI7.
[29] ECtHR, Daraibou v. Croatia, Application No 84523/17, available at: https://bit.ly/2RZ2uCI.
[30] ECtHR, Daraibou v. Croatia, Judgment, available at: http://bit.ly/3THBvbb.
[31] 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.
[32] Article 13 Detention Centre Ordinance.
[33] Article 12 paragraph 2 Detention Centre Ordinance
[34] Article 7 Detention Centre Ordinance.
[35] Response of the Croatian Government to the report of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) on its ad hoc visit to Croatia from 10 to 14 August 2020, available in English: https://rm.coe.int/1680a5acfc and Croatian: https://rm.coe.int/1680a5acfd.
[36] Information provided by the Border Police Directorate, 14 October 2015.
[37] Information provided by the, 18 January 2023.