Author
In detention cases, applicants are entitled to free legal aid similarly to their right to legal aid in the international protection procedure (see Legal assistance). In practice when a decision is delivered to detained applicants, they are also given the list of providers of free legal aid from which they can choose an attorney or lawyer from NGO, who are then notified by the Ministry of Interior. Attorneys and lawyers from NGO secure an interpreter for the appointment and then inform the Ministry of Interior. According to national legislation, the measure of accommodation at the reception centre for foreigners (i.e., detention) may be imposed if, following an individual assessment, it is established that other alternative measures would not achieve the purpose of restriction of freedom of movement. However, in previous years, legal representatives reported that decisions on the restriction of freedom of movement do not always contain a reasoning behind the individual assessment. They simply state that the individual assessment has determined that detention is necessary because other measures cannot achieve the purpose of restricting freedom of movement.[1] At the beginning of 2024 , one attorney at law reported that decisions on the restriction of freedom of movement do not contain a thorough and reasoned individual assessment, but mostly state the chronology of the case. Other, milder measures are not analysed in particular, but it is only stated that the restriction is appropriate considering the purpose that could not be achieved with other alternative measures.[2] Another attorney at law reported that decisions usually contain individual assessment, although rarely the explanation why alternative measures were not used.[3]
[1] Information provided by attorneys at law, 3 December 2019, 6 December 2019.16 December 2019, 21 January 2020.
[2] Information provided by attorney at law, 15 February 2024.
[3] Information provided by attorney at law, 30 January 2024.