Author
During the procedure for international protection, detention is possible under all types of procedures, where the conditions prescribed by the LITP are met. However, the majority of applicants for international protection are not detained but are accommodated in open centres. In that sense, it is not likely that any category of applicants would spend the whole status determination procedure in detention. The main reasons for the detention of applicants are situations where they request international protection after having been issued with a deportation order and situations where they left or attempted to leave Croatia before the completion of the procedure for international protection.
Croatia has three detention centres: the Reception Centre for Foreigners located in Ježevo, with a total capacity of 95 places; the Transit Reception Centre in Trilj with a total capacity of 62 places; and the Transit Reception Centre in Tovarnik with a total capacity of 62 places.[1] This brings the total capacity of detention centres to 219 according to information provided by the Ministry of Interior in 2019. No information is available on whether this has changed in the period from 2020 until the end of 2023.
According to the data of the Ministry of Interior, the greatest pressure regarding the irregular border crossings was recorded in the area of the Karlovac Police administration. Namely, out of the total number of actions related to irregular crossings, 23,363 were recorded in the area of Karlovac Police Administration.[2]
For the first ten months of 2023, this increase especially referred to the Police Border Station Cetingrad, which registered 9,412 procedures and Police Station Slunj with 7,444 procedures. This pressure was the result of a change in the migration route.[3] In addition, the highest number of expressed intentions to apply for international protection in 2023 was recorded by the Cetingrad Border Police Station (10, 879).
In October 2023, the Government of the Republic of Croatia adopted the Decision on the temporary use of containers from strategic goods stocks without compensation to the Ministry of the Interior.[4] The decision approves that the Ministry of Economy and Sustainable Development transfer to the Ministry of Interior, 100 office containers from strategic goods stocks free of charge for temporary use for the purposes of ensuring the implementation of the procedure for controlling irregular movements and the registration of foreigners – applicants for international protection. At the end of 2023, a temporary closed registration centre for migrants was opened in Dugi Dol, which is located in the Karlovac Police Administration.[5] The idea for the Centre was to ease the pressure on police i.e., particular police stations.[6] According to the Ministry of Interior, 109 containers have been placed, of which 65 are for accommodation with eight beds each, which would mean that the accommodation capacity is 520 people.[7] According to unofficial information, the Centre in Dugi Dol is not intended to be a detention centre, but will serve as centre for short-term accommodation and registration.[8]
According to the Ombudswoman report, the Center for Registration of Applicants for International Protection (Center) in Dugi Dol was opened by the Ministry of Interior due to the increase in the number of applicants. The center was opened in the jurisdiction of the Police administration Karlovac, which due to its geographical location, is the most exposed to migratory movements, and the police stations in that area could not register the increased number of applicants. It is planned that all persons found by police officers in the area of Police administration Karlovac and who at the same time express their intention to seek international protection will be brought to the Center in order to be registered. In the Center, the registration of up to a maximum of 500 applicants per day is planned, and around 65 containers have been set up for accommodation during the procedure. It is planned that after the registration process, the applicants will be transported by bus to the Reception Centres for Applicants for International Protection in Kutina and Zagreb. The Centre started operating on November 19, 2023, and on 5 January 2024, 211 applicants were registered there.[9]
During 2023, 106 persons expressed their intention to apply for international protection in the Reception Center for Foreigners, 61 in the Transit Reception Center for Foreigners Tovarnik, and 19 persons in the Transit Reception Center Trilj.[10]
In 2023, the Service for Reception and Accommodation of Applicants for International Protection issued 47 decisions on restriction of the freedom of movement, through the measure of detention in the Reception Centre for Foreigners. During 2023, no decision was issued on the restriction of movement that would determine an alternative measure.[11]
Regarding the profile of the applicants whose movement was restricted by detention in the Reception Centre for Foreigners, in the above 47 cases, 42 were adult male persons and one child accompanied with parents and 4 adult women. During 2023, there were no unaccompanied children seeking international protection detained in the three mentioned detention centres, however, one person with special reception needs was detained in the Reception Centre for foreigners.
Out of 43 males in the Reception Centre for Foreigners there were nationals of Turkey (15), Russian Federation (10), Burundi (6), India (5), Algeria (2), Pakistan (2), Afghanistan (1), Cuba (1) and Morocco (1). Out of 4 women, there were 2 nationals of Turkey and one national of India and Palestine.
With regards to age, one male child applicant was in the age group 0-13, 34 adult male applicants were in the age group 18-34 and eight in the age group 35-64. Three women were in the age group 18-34 and one was in the age group 35-64.[12]
As for the legal basis for detention in the Reception Centre for Foreigners, for six applicants, freedom of movement was restricted on the basis of Art. 54, para. 2, item 2 of the Law on International and Temporary Protection (LITP) (establishing and verifying identity or nationality), for 11 on the basis of Art. 54, para. 2, item 3 of the LITP (protection of the national security or public order of the Republic of Croatia), 14 on the basis of Art. 54, para. 2, item 4 of the LITP (prevention of the spread of infectious diseases in accordance with national regulations on necessary epidemiological measures) and 16 on the basis of Art. 54, para. 2, item 7 of the LITP (due to the implementation of the procedure for forced removal, if based on objective circumstances, taking into account that the applicant already had the possibility of starting the procedure for international protection, it is justifiably assumed that by seeking international protection, the applicant wants to delay or make difficult to execute the decision on expulsion and/or return made in accordance with the provisions of the Law on foreigners).[13]
Data on decisions on the restriction of freedom issued by police administrations or stations were not requested for 2023, so it was not possible to determine the total number of applicants for international protection whose right to freedom of movement was restricted in 2023.The Ministry of Interior reported that they do not keep records on the average duration of the restrictions on the freedom of movement at the Reception Centres for Foreigners. Measures for the restriction of freedom of movement are imposed as long as reasons listed in Article 54 paragraph 2 of the LITP exist, and so for up to 3 months. Exceptionally, for justified reasons, measures may be extended for a maximum of three additional months.[14]The UN Subcommittee on Prevention of Torture (SPT) visited Croatia for the first time from 2 to 8 July 2023 to assess the treatment of people deprived of their liberty and the safeguards in place to protect them from torture and ill-treatment. The SPT visited various places of deprivation of liberty, including, police stations and migration centres.[15]
[1] Information provided by the Ministry of Interior, Border Directorate, 6 February 2019.
[2] Ministry of Interior, Statistical overview of the fundamental safety indicators and work results in 2023, available at: https://bit.ly/3KOMnAD.
[3] Government of the Republic of Croatia: Report on the situation of illegal migration in the territory of the Republic of Croatia for the period since Croatia’s entry into the Schengen area, available at: https://bit.ly/3z72PcY, 3.
[4] Government of the Republic of Croatia, Decision on the temporary use of containers from strategic goods stocks without compensation to the Ministry of the Interior, available in Croatian at: https://bit.ly/3xxKB3H.
[5] Lika Club, The migrant camp near Slunj is open! But its capacities are not nearly used, 19 December 2023, available in Croatian at: https://bit.ly/3VMTxeY.
[6] Radio Slobodna Evropa, Migrants’ pressure is increasing, Croatia is building registration centers, 8 September 2023, available in Croatian at: https://bit.ly/3zb4v5i.
[7] Ministry of Interior, Deputy Prime Minister visited police officers working on the protection of the state border and suppressing irregular migration in the area of the Karlovac Police Administration, 27 February 2024, available in Croatian at: https://bit.ly/45vY4FV.
[8] Dnevnik, Police on the new reception center for migrants: “More adequate working conditions would be available”, 6 September 2023, available in Croatian at: https://bit.ly/3KMRTDO.
[9] Ombudswoman: Report of the Ombudswoman for 2023, available in Croatian at: https://bit.ly/4crt2kR.
[10] Information provided by the Ministry of Interior, 8 March 2024.
[11] Information provided by the Ministry of Interior, 8 March 2024.
[12] Information provided by the Ministry of Interior, 8 March 2024.
[13] Information provided by the Ministry of Interior, 8 March 2024.
[14] Information provided by the Ministry of Interior, 8 March 2024.
[15] UN Human Rights, Office of the High Commissioner. Croatia’s detention facilities in spotlight as UN torture prevention body concludes visit, available at: https://bit.ly/3VvHa5v.