Author
All applicants are de facto detained in terms of the Prevention of Disease Ordinance for the first weeks, at times months, after their arrival. As previously mentioned, individuals coming from countries of origin where returns are deemed possible will be probably detained under the Reception Regulations after they are medically cleared by the Superintendent of Public Health. These applicants usually remain in detention during the whole asylum procedure since the automatic review of their detention, when conducted, never questions the lawfulness of their detention (See Differential treatment of specific nationalities).
It was noticed that detainees are usually kept together based on their nationalities. They are also regularly moved from one zone or section to another, without being given any information for such change, which creates anxiety among applicants. The Detention Service indicated that detainees are “housed according to their different protection and socio-political needs” and that moving is done “to prevent potential conflict between different cultures”.[1]
Throughout 2023, NGOs received reports indicating that Bangladeshi nationals were specifically targeted by the authorities, urging them to refrain from seeking international protection and to apply for voluntary return. Reports received include incidents where they were told that their applications would be rejected and that, as a consequence, they would never leave detention. Some applicants also complained that they were effectively punished for challenging their negative age assessment decisions and for filing applications before the ECtHR. Persons appealing their age assessment decisions informed NGOs that they were particularly targeted: their TV sets were put onto cartoons, and they were told: “You say you are children so you should enjoy these.” This is confirmed in the 2023 Annual Report of the Monitoring Board for Detained Persons.[2]
[1] Information provided by Detention Service, January 2021.
[2] The Monitoring Board for Detained Persons, Annual Report 2023, available at: https://tinyurl.com/r5ux6ysr.