Duration of detention

Romania

Country Report: Duration of detention Last updated: 30/04/21

Author

Felicia Nica with support from JRS Romania Visit Website

Specially designed closed spaces

According to Article 19^7(1) of the Asylum Act, detention in specially designed closed spaces is ordered for a period of 30 days. IGI may request the territorially competent Court of Appeal to prolong detention for an additional 30-day period.[1] Accordingly, the total period of detention in those spaces may never exceed 60 days.[2]

IGI-DAI has to carry out the examination of the applicant’s identity and establishment of the elements of the asylum claim expeditiously in order to maintain the measure of detention as short as possible. Delays due to the administrative procedures that cannot be imputed to the applicant cannot justify a continuation of detention, except for situations where it is necessary to continue to apply the measure for reasons of national security, without exceeding the 60-day limit.[3]

Detention (“public custody”) centres

Detention in public custody centres is also ordered for an initial period of 30 days[4]and it may not exceed 6 months.[5] However, this period may be extended exceptionally for an additional period no longer than 12 months, in cases where IGI-DAI is unable to transfer the asylum seeker to the responsible Member State due to delays in obtaining the necessary documentation for the transfer to the respective Member State.[6] Therefore, detention in public custody can last up to 18 months.

Specifically, as regards detention in the Dublin procedure, the Asylum Act recalls that detention ceases if the time limit of six weeks set out in Article 28(3) of the Dublin Regulation is reached.[7]

When asylum seekers lodge an application in detention centres and are assessed under the accelerated procedure, they spend the whole asylum procedure in detention.

The duration of detention in Arad in 2020 was as follows:

Duration of detention – Public Custody Centre Arad: in 2020
Duration Number of persons
> 5 days 148
> 10 days 140
>20days 422
>30 days 84
> 6 months 248
> 1 year 2
<1 year 1

Source: IGI, Director of Arad Public Custody Centre, 9 February 2021.

According to the JRS representative, in Arad there were 3 Indian nationals detained for 15 months, 2 Iraqi nationals detained for 7 months, 13 months respectively, 1 Bangladeshi and 1 Algerian national detained for 7 months and a Syrian national detained for 6 months.

In Otopeni, JRS reported 1 Indian national who was detained for 9 months, 1 Moroccan national and one Sri- Lankan national detained for 8 months and 1 Afghan national detained for 7 months.

According to the directors of Otopeni the average duration of detention in 2020 was 3 months. They mentioned that the duration of detention was longer due to the pandemic. Since 16th of March there were no more return flights. After the state of emergency a humanitarian flight to Iraq was organised. During the state of alert the flights were resumed.

According to IGI-DAI, in 2019, the average duration of detention was 1-5 months.[8] In 2020, IGI-DAI reported an average duration of detention of 26,4 days.[9]

 

Detention in border and transit zones

 

Detention upon apprehension cannot exceed 24 hours under the Romanian Constitution and the Criminal Procedure Code.[10]

 

 

[1]        Article 19^7(3) Asylum Act.

[2]        Article 19^7(5) Asylum Act.

[3]        Article 19^7(6) Asylum Act.

[4]        Article 19^14(1) Asylum Act.

[5]        Article 19^14(6) Asylum Act.

[6]        Article 19^14(7) Asylum Act.

[7]        Article 19^14(10) Asylum Act.

[8]        Information provided by IGI-DAI, 20 February 2020.

[9]        Information provided by IGI-DAI, 16 February 2021.

[10]       Article 23 Romanian Constitution; Article 209 Criminal Procedure Code.

Table of contents

  • Statistics
  • Overview of the legal framework
  • Overview of the main changes since the first report
  • Asylum Procedure
  • Reception Conditions
  • Detention of Asylum Seekers
  • Content of International Protection
  • ANNEX I – Transposition of the CEAS in national legislation