Specially designed closed spaces
Asylum detention, i.e. placement in specially designed closed spaces, cannot be ordered against unaccompanied asylum-seeking children, except for cases where the unaccompanied child cannot prove his or her age and, due to serious doubts thereon, IGI-DAI requests an age assessment.[1]
Detention (“public custody”) centres
The Public Custody Centres Regulation explicitly provides that children cannot be detained in these centres, unless they are accompanied by at least one of the parents or their legal representative, who are taken into public custody.[2]
According to the amended Aliens Act, in case the foreigner declares that he or she is a minor and cannot prove his or her age, if there are serious doubts about his minority, he or she will be considered an adult.[3] In this situation, IGI requests an age assessment, with his or her prior consent.[4] As a consequence the child will be treated as an adult and placed in detention pending the age assessment, until his or her age is confirmed.
CNRR reported that in 2022, there were no accompanied children, families or other vulnerable persons detained in Arad or Otopeni.[5]
According to the Director of Otopeni, a pregnant woman and a single parent family (mother and her less than a year-old baby) were detained in 2022. All were returned to Sebia, the pregnant woman was detained for a month and the mother and child for two weeks.
In 2022, in Arad, there were no accompanied children or other vulnerable persons detained. Eight single women were detained in Arad during the year.
IGI-DAI reported that no vulnerable persons were detained in 2022.[6]
Romanian law does not prohibit detention of other vulnerable asylum seekers. IGI-DAI noted that detention of persons with special needs such as victims of torture or trafficking has not been applied in public custody.[7]
According to the director of Otopeni there was one migrant with psychological issues, who was released after two days due to his condition.
The Arad representative stated that no persons had been released due to a medical condition in 2022. 10 detainees had had chronic diseases.
[1] Article 19^5 Asylum Act, in conjunction with Article 42(2) Asylum Act.
[2] Article 29 Public Custody Centres Regulation.
[3] Article 131^1(1) Aliens Act, as amended by Act 247/2018 of 6 November 2018.
[4] Article 131^1(2) Aliens Act, as amended by Act 247/2018 of 6 November 2018.
[5] Information provided by CNRR, 15 February 2022.
[6] Information provided by IGI-DAI, 22 February 2023.
[7] Information provided by IGI-DAI, 14 February 2018.