Author
The same authority i.e. the Ministry of Interior, the police administration or the police station can decide and render decision on a particular alternative measure and its duration.[1]
Article 54(6) LITP explicitly states that detention is only permissible where less coercive alternatives cannot be applied.
The alternatives to detention are the other measures listed in Article 54(5) LITP for the restriction of applicants’ freedom of movement:
- Prohibition of movement outside the Reception Centre for applicants;
- Prohibition of movement outside a specific area;
- Appearance in person at the Reception Centre for applicants at a specific time;
- Handing over travel documents or tickets for deposit at the Reception Centre for applicants;
In 2018, 6 alternatives to detention were applied based on decisions taken by the Reception Centre for Asylum Seekers or the Asylum Department, all of which ordered reporting obligations and were based on public order grounds.[2] No information is available for 2019, 2020, 2021 and 2022.
During 2022, in 4 cases freedom of movement was restricted by applying alternatives to detention on the basis of Art. 54, para. 5, item 1 (measure of banning movement outside the Reception Centre for Applicants for International Protection).[3]
[1] Article 54(11) LITP.
[2] Information provided by the Ministry of Interior, 28 January 2019.
[3] Croatian Law Centre, The Croatian Asylum System in 2022 – National Report. The report was prepared as part of the project “Legal Assistance and Capacity Building for Access to Territory and Asylum in Croatia“, with financial support of the UNHCR Croatia: available in English at: https://bit.ly/434T7RL.