Judicial review of the detention order

Croatia

Country Report: Judicial review of the detention order Last updated: 12/01/21

Author

Croatian Law Centre Visit Website

Applicants for international protection are informed orally by the staff of the Ministry of Interior about the reasons of their detention during the delivery of the decision.

As decisions are written in complex legal language, the majority of applicants do not understand the reasons for their detention. In practice, the interpreter present at the delivery of the decision reads decision to them, although an attorney reported in 2019 that clients were not informed about the reasons of detention.[1]

The LITP does not provide for automatic review of the lawfulness of detention.

Applicants may lodge a complaint to the Administrative Court against a detention decision within 8 days after its delivery. The authority that has issued the decision i.e. Ministry of Interior, the police administration or the police station, shall submit the case file to the Administrative Court no later than within 8 days of the day of receipt of the decision by which the Administrative Court requests the case file. The Administrative Court shall render a decision after a personal interview within 15 days from the day of receipt of the case file.

However, there are no legal consequences for not respecting the 15-day time limit prescribed by the relevant legislation. The complaint does not suspend the decision.

The average duration of the judicial review of detention procedure in 2019 was 43 days (21 days in cases of citizens of Syria, Afghanistan and Iraq) before the Administrative Court of Zagreb.

The majority of complaints against detention before Administrative Courts were rejected in 2019:

 

Administrative Court decisions on “restriction of freedom of movement”: 2019

Category

Zagreb

Osijek

Split

Total

Accepted

6

0

:

6

Accepted-case referred back to the Ministry of Interior

1

0

0

1

Rejected

51

0

:

51

Dismissed as inadmissible

2

0

:

2

Total

60

0

0

60

Source: Administrative Court of Zagreb, 21 January 2020; Administrative Court of Rijeka, 18 January 2020Administrative Court of Osijek, 7 January 2020; Administrative Court of Split, 27 January 2020.

 

In 2019, the High Administrative Court received 12 onward appeals in cases of detention. 11 appeals were rejected and one was accepted.[2]

One attorney at law reported that, in some cases, hearings are not held in due time before the Administrative Court,[3] while another attorney reported that courts do not act urgently in most cases concerning a restriction of movement i.e. the measure has already expired, so hearings are held pro forma.[4] A similar issue was reported by a lawyer from an NGO according to which a decision brought by the Administrative Court  was delivered to the legal representative at a moment where the client was no longer detained.[5] Another attorney reported that some detained clients were not invited at the hearings before the Administrative Court as only attorneys were allowed to attend the hearing.[6]

 


[1 Information provided by attorneys-at-law, 3 December 2019.

[2]Information provided by the High Administrative Court, 15 January 2020.

[3 Information provided by attorney-at-law,3 December 2019.

[4] Information provided by attorney-at-law, 16 December 2019.

[5] Information provided by Civil Rights Project, 6 December 2019.

[6] Information provided by attorney-at-law, 21 December 2020.

 

Table of contents

  • Statistics
  • Overview of the legal framework
  • Overview of the of the main changes since the previous report update
  • Asylum Procedure
  • Reception Conditions
  • Detention of Asylum Seekers
  • Content of International Protection
  • ANNEX I – Transposition of the CEAS in national legislation