Author
The Aliens Ordinance provides that national, international and non-governmental organisations and other bodies competent in the area of migration, authorised and accredited under the law, shall be provided with the possibility to visit detention centres on the basis of the Protocols concluded with IGI or prior authorisation. In exceptional and duly motivated situations, it is possible to visit the centres within 48 hours.[1]
Article 13 of the Public Custody Centres Regulation details visiting hours in detention centres for the following groups:[2]
- Representatives of diplomatic missions or foreign consular offices representing the detainees’ interests: 09:00 – 20:00 every day;
- Representatives of national, international or non-governmental organisations competent in the area of migration, authorised and accredited under the law: 09:00 – 20:00 every day;
- Family members or other persons who need to state the reasons for visiting: 10:00 – 12:00 and 14:00 – 17:00 for a maximum of 30 minutes, three times a week, usually on Tuesday, Friday and Sunday;
- Legal representatives: 09:00 – 20:00 every day.
Lawyers have to hold a power of attorney from the foreigner held in detention. In some cases, lawyers have not been allowed access to detention centres on the ground that they had not had their lawyer’s card validated by the Bar Association.
Visits are authorised by the Head of the Centre or their legal representative. In the absence of cooperation Protocols, visits by NGO representatives are authorised by the Director of the IGI Migration Directorate.
Media and politicians have access to detention centres if their request is approved.
The Public Custody Centres Regulation prescribes the conditions under which detainees may use the phone in order to contact people outside the centre.[3] Detainees may use the public telephone at their own expense from 09:00 to 22:00 every day. Every person is entitled to a card of 5 euro per month. The representatives of Otopeni reported that in some cases they allocated 2 cards. All interviewed persons stated that this is not sufficient, because international calls are very expensive.
In 2022 in Arad there was one functional phone in building B. The phone was available for a day for foreigners accommodated on one floor and the next day for the ones accommodated on the other floor, according to the detainees interviewed. Phone wires were installed in each common room in building C and a phone was connected for two hours in each common room. Each foreigner has around 20 minutes’ access to the phone. The Ombudsman also confirmed that the number of phones (four) is not enough, even more so when the centre is at full capacity.[4]
In 2022 Otopeni, according to the people interviewed, there was a phone available in each building. According to the representatives of Otopeni centre there are 2 phones. Detainees may use their personal mobile phone upon request, provided that it is not equipped with a camera. They are forbidden from using their personal mobile phone as long as they are under escort. In 2024, the situation remained similar, and besides the two available phones, people in detention can use their personal phones too, under supervision, twice a week.
According to the report on the Ombudsman visit of the Otopeni Detention Center carried out on 27 June 2024: “There were two disciplinary isolation rooms. The disciplinary isolation measure was applied for a duration of 24 hours, and in one case it was extended by an additional 24 hours. Upon reviewing the register for recording special events, it was noted that in some cases the date and time of the beginning of the isolation measure were not recorded—only the date and time of release from isolation were mentioned.”[5] Based on this finding, the Ombudsman recommended the following: The management of the Accommodation Center for Foreigners Taken into Public Custody Otopeni is advised to take the necessary legal measures to: ”Record the date and time of initiation of the isolation measure in the register for the documentation of special events. Take the necessary steps to carry out cleaning and maintenance works in the living spaces, especially in sanitary groups, which require repainting and maintenance; equip the sanitary groups with anti-slip mats to prevent slipping; replace the degraded mattresses.”[6]
In January 2025, in its response to the Ombudsman’s report from the 27 June 2024 visit at the Otopeni Detention Centre, the General Inspectorate for Immigration (IGI) confirmed plans to address hygienic and maintenance shortcomings, including the provision of proper bedding, clothing, and access to outdoor activities. These commitments come in response to repeated concerns about overcrowding, poor hygiene, and inadequate facilities highlighted by the Ombudsman.[7]
CNRR mentioned that lawyers were allowed to visit their clients in public custody throughout 2024. NGO representatives were allowed to access the Public Custody Centres on the basis of a collaboration protocol, either to implement projects or for punctual activities. Access to the Centres is nominal and can be granted by the General Inspectorate for Immigration in the following cases:
- For the duration of a year
- At the date of signature of the collaboration protocol
- At the date of signature of the contracts for non-reimbursable funding, for the entire implementation period of the projects
- Occasionally, in specific circumstances [8]
CNRR stated that legal counselling was also consistently provided regarding return procedures, available legal remedies against return decisions under escort, and measures involving public custody. When necessary, specialized counsellors offered guidance on the asylum procedure within the centres. As a national NGO with public utility foundation status, in 2024 CNRR had regular and unrestricted access to these centres upon an initial general request for access, ensuring daily legal and material assistance throughout the implementation of AMIF-funded projects. Its counsellors offered free legal support on migration law matters, including return decisions and public custody. Additionally, in specific cases, CARR’s asylum law specialists were granted access to public custody centres to assist migrants applying for asylum. A structured communication mechanism between CNRR and IGI ensured timely information-sharing, allowing for a swift response from asylum specialists.
According to CNRR, in 2024 UNHCR had access to the centres upon request, either independently or in response to an individual potentially in need of international protection. If an alternative to public custody was granted, the migrant received tolerated stay status in Romania, which provided him with the legal right to work for the duration of their stay, along with all other rights stipulated by Romanian law for this category of migrants.[9]
[1] Article 103(4) Aliens Ordinance.
[2] Article 13(1) -(3) Public Custody Centers Regulation.
[3] Article 12(1) -(4) Public Custody Centres Regulation.
[4] Ombudsman, Visit Report, 6 October 2022, p.5, available in Romanian here.
[5] Information provided by Ombudsman visit report in Otopeni Detention Centre, 27 June 2024, available here.
[6] ibid.
[7] Information provided by the IGI in January 2025 as response to the visit report in Otopeni Detention Centre, 27 June 2024, available here.
[8] Information provided by CNRR in February 2025.
[9] ibid.