Alternatives to detention

Author

OPU

There are two types of alternatives to detention laid down in the Asylum Act, and four types of alternatives to detention laid down in the Immigration Act. In both cases, the law refers to them as ‘special measures’ and the law requires that detention is only used if these cannot be effectively applied.^[1]

The Asylum Act recognizes in section 47 the following two alternatives to detention:

1. staying in a residential centre designated by the MoI; and
2. reporting in person to the MoI at a time specified by the MoI.

The Immigration Act recognizes in § 123b the following four alternatives to detention:

1. the obligation of the foreigner to notify the police of the address of their place of residence, to stay there, to notify the police of any change on the following working day and to stay at the address of the place of residence for the purpose of carrying out a residence check within the specified period of time;
2. the deposit of funds in freely convertible currency in the amount of the expected costs related to the administrative expulsion (financial guarantee) by the foreigner or by a Czech citizen or a foreigner with a long-term or permanent residence permit (depositor);
3. the obligation of the foreigner to report in person to the police at the time specified by the police; and
4. the obligation of the foreigner to stay at a place designated by the police and to be present at that place at a specified time for the purpose of carrying out a residence check.

Based on the observance of practice by OPU, it can be said that, in some cases, the decision is based on individual circumstances, in other cases, individual circumstances are disregarded. It appears the The MoI uses a certain template for the detention decisions. To the knowledge of OPU, there is no specific necessity or proportionality test applied, although the law says explicitly that the MoI may decide to detain an asylum seeker only where necessary.^[2]

In OPU’s experience, alternatives to detention are extremely rarely applied in practice.

According to the information provided by the MoI on request, no alternative to detention of an asylum seeker has been used in 2025.

^[1] Section 46a(1) of the Asylum Act, sections 124(1) and 129(1) of the Immigration Act.

^[2] Section 46a(1) of the Asylum Act.