Author
In 2024, all newly arrived persons were de facto detained in terms of the Prevention of Disease Ordinance for the first days or weeks, after their arrival. Following this initial period, manifestly vulnerable persons were released whilst everyone else was detained under the Reception Regulations for a minimum of around two months. At the end of the two-month period, persons from countries with high protection rates or from countries where returns are not too feasible of practicable were released whilst others, notably persons from countries deemed safe, remained in detention for the remainder of their procedures. As previously mentioned, the automatic detention reviews generally confirm the legality of detention, without questioning the legal basis.
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 often 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] The random moves are also problematic since lawyers and NGOs calling into the zones to talk to clients are often unable to find them within the detention centre.
Throughout 2023 and 2024, 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. In 2023, 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.