Author
The Asylum Act and the general regulation governing the placement of foreign and stateless persons in CIT and EECIT[1] provide for the right of detainees to receive visits from legal representatives, embassy representatives, relatives, as well as national and international human rights organisations.[2]
In accordance with the law, UNHCR and CPR have the right to be informed of all asylum claims presented in Portugal and to personally contact asylum applicants irrespective of the place of application in order to provide information on the asylum procedure, as well as regarding their intervention throughout the process.[3]
In the particular case of legal assistance, asylum applicants in detention are entitled to receive visits from lawyers, UNHCR, and CPR.[4] Access restrictions can only be based on grounds of security, public order or operational reasons and only to the extent that they do not limit access in a significant or absolute manner.[5]
Regarding other forms of contact with the exterior, detainees at EECIT Lisbon are allowed to use their mobile phones in their rooms and have access to free wi-fi internet.
In its report covering 2023, the National Preventive Mechanism criticised once again the absence of a cultural mediator in the facility and noted that PSP stated that a protocol was being developed with IOM in order to develop cultural mediation activities.[6]
CPR’s legal officers visit EECIT Lisbon on a regular basis to provide free legal information and assistance within the context of the asylum procedure to asylum applicants detained in the facility (see: Border Procedure: Legal Assistance).
Despite the fact that CPR generally has full access to asylum applicants detained at the border, some difficulties have been observed regarding access to persons detained at the transit area of Lisbon airport mostly due to the lack of PSP personnel to escort applicants/legal officers. In the first semester of 2024, no access was granted to legal officers and it remained unclear how to gain access.[7]
IOM began its presence in EECIT Lisbon and EECIT Porto in March 2024, and has weekly presence at the facilities. Based on specific needs, IOM visits EECIT Faro. In 2024, IOM delivered information sessions to detainees, including asylum applicants, on the nature and circumstances of detention, rights and duties, and practical aspects of daily life in the EECITs. IOM also conducts satisfaction surveys aimed at assessing detainees’ perceptions of the conditions of detention for the purpose of monitoring and advocating for improved conditions and protection.
In the case of CIT-UHSA, the law provides for an MoU with the IOM and JRS Portugal,[8] that are responsible for training staff and providing social, psychological, and legal assistance to detainees.
According to CPR’s experience regarding asylum applicants who have applied from detention at CIT-UHSA, JRS has staff in the detention facility that provide in-house assistance. Medical and psychological assistance is provided by volunteer organisations such as MdM. Furthermore, IOM has a weekly presence at the facility and shares information materials (namely on the rights and duties of detainees, regular migration, removal and detention), organises information sessions to detainees, including asylum applicants, provides individual support to detainees who remained for extended periods, and conducts satisfaction surveys.
Asylum applicants detained in CIT-UHSA benefit from legal assistance provided by CPR in cooperation with JRS staff present in the facility.
According to the National Preventive Mechanism, visits are also allowed in CIT-UHSA (1 visitor per detainee at each time).[9]
[1] Regulamento Regime geral sobre o acolhimento de estrangeiros e apátridas em Centros de Instalação Temporária (CIT) e Espaços Equiparados a Centros de Instalação Temporária (EECIT), 31 July 2020, available here.
[2] Article 35-B(3) Asylum Act.
[3] Article 13(3) Asylum Act.
[4] Article 49(6) Asylum Act.
[5] Article 35-B(4) Asylum Act.
[6] Ombudsperson, Mecanismo Nacional de Prevenção – Relatório à Assembleia da República 2023, July 2024, available here, 50-51.
[7] Practice-based observation by CPR, January 2025.
[8] Article 3 Decree-Law 44/2006.
[9] Ombudsperson, ‘Mecanismo Nacional de Prevenção, Relatório à Assembleia da República’, 24 June 2021, p.103, available here.