Place of detention

Author

JRS Romania

According to the law, asylum seekers may be detained in specially designed closed spaces within the Regional Centres, as well as in public custody centres. Asylum seekers are only detained in prisons if they are convicted of a criminal act or if they are sentenced to imprisonment.

In practice, not most asylum seekers are detained on the territory or at the border. Asylum seekers are detained during an admissibility, Dublin or accelerated procedure, only in cases where the authorities identify well-founded reasons for a risk of absconding. During 2024 CNRR stated they did not report issues of concern regarding the grounds for detention, or any violations of Article 8(3)(b) of the recast Reception Conditions Directive) and the Dublin procedure (Article 28 of the Dublin III Regulation).^[1]

Specifically designed closed spaces in Regional Centres

All Regional Centres except Giurgiu contain specially designed closed spaces. According to the information provided by IGI-DAI,^[2] in Bucharest, in the building situated in Tudor Gociu Street there are 96 places in closed regime. As for the other centres the situation is the same as in previous years: Rădăuţi has 10 places in closed spaces, Galaţi has 20, Timișoara has 15 and Şomcuta Mare has 15 places located in a closed space in the basement of the building.

Source: IGI-DAI, 23 January 2025.

In 2023, no asylum seekers were kept in these places. In 2024, no information is available regarding asylum seekers kept in these places.

Detention (“public custody”) centres

There are two Accommodation Centres for Aliens Taken into Public Custody (Centrul de Cazare a Străinilor Luați În Custodie Publică) in Romania with the following capacity:

Source: IGI-DAI, 23 January 2025.

In 2022, in the Arad centre the highest number of foreigners detained was 156. In Otopeni the highest number of persons was 54.

Asylum seekers placed in public custody centres shall be detained, as far as possible, separately from other categories of third-country nationals.^[4] In practice, this is not the case according to the directors of the Arad and Otopeni centres.

Persons who are convicted of crimes are also to be accommodated in separate rooms from other categories of foreigner nationals. Foreigner nationals considered ‘undesirable’^[5] are accommodated separately from the others, according to the Directors of Otopeni and Arad. Those who are convicted of crimes are only accommodated separately in Otopeni.

Transit zones

Romania has an airport transit zone in Otopeni Airport in Bucharest, with a capacity of 22 places. Eight people were detained in Otopeni Airport in 2022.^[6] In 2023, according to the Border Police 18 persons were detained in the airport transit zone; no one requested asylum.^[7] 11 people left the airport in less than 24 hours, and 7 had to stay longer than 24 hours (for flight delay reasons). In 2023 there were 16 airport transit zones, with a total capacity of 108 places.^[8] There was no available information or data provided for 2024. The only information given was that there are 18 places in Otopeni Airport.^[9]

^[1]          Information provided by CNRR, February 2025.

^[2]          Information provided by IGI-DAI, 18 January 2024.

^[3]         General Inspectorate for Immigration, “Achievements and Results Obtained by the Police Officers of the Accommodation Center for Foreigners Taken into Public Custody Arad in the First 11 Months of This Year”, 18 December 2024, available here.

^[4]          Article 19^16(1) Asylum Act.

^[5]          Article 86(1) Aliens Act defines undesirable foreigner as a foreigner who has carried out, carries out or there are solid indications that he/she intends to carry out activities likely to endanger national security or public order.

^[6]          Information provided by Border Police, 6 April 2023.

^[7]          ibid. 16 January 2024.

^[8]          Information provided by the Border Police, 3 March 2021.

^[9]          Information provided by IGI DAI, 23 January 2025.