Author
Specifically designed closed spaces
The Asylum Act provides for the possibility to impose alternatives to asylum detention, defined as “restrictive measures”, in order to fulfil the necessary formalities, to limit abuse of the asylum procedure, and in case the asylum seeker poses a threat to national security, on the basis of an individual assessment.[1] These consist of:[2]
- Reporting duties;
- Designated place of stay in one of the Regional Centres.
Detention in specially designed closed spaces may be ordered if reporting duties and designated place of stay measures cannot effectively be applied to carry out the necessary procedural formalities and to limit abuse of the asylum procedure.[3] However, none were ordered in 2023 according to IGI-DAI.[4] In 2024, IGI-DAI did not provide any information regarding whether asylum seekers were held in the closed spaces within accommodation centres, which normally operate under an open regime.[5]
No restrictive measures may be imposed against an asylum applicant for the sole reason that they have lodged an application for international protection in Romania.[6]
IGI-DAI reported 208 asylum seekers subject to a restrictive measure in 2022, they were designated place of stay in one of the Regional Centres.[7] In 2023, IGI–DAI reported 882 cases in which restrictive measures were taken (the establishment of residence in one of the regional centres).[8] In 2024, IGI-DAI mentioned that 1,155 measures were imposed regarding asylum seekers, noting that multiple restrictive measures can be applied to the same person. These included 128 restrictive measures establishing residence in a regional centre and 1,027 measures requiring individuals to report to the IGI office.[9]
Detention (“public custody”) centres
The placement of an asylum seeker in detention centres (“public custody”) may be ordered if the prior assessment regarding the possibility to impose alternatives to detention demonstrates that these measures are not possible and sufficient to meet the procedure and the purpose sought,[10] namely removal from Romania or transfer under the Dublin Regulation.
[1] Article 19^2(1) Asylum Act.
[2] ibid.
[3] ibid. Article 19^5(1).
[4] Information provided by IGI-DAI, 18 January 2024.
[5] ibid. 23 January 2025.
[6] Article 19^2(2) Asylum Act.
[7] Information provided by IGI-DAI, 10 March 2022.
[8] ibid. 18 January 2024.
[9] ibid. 23 January 2025.
[10] Article 19^13(2) Asylum Act.