Author
During detention in public custody centres, asylum applicants have all the rights set out in the Asylum Act, except for those concerning the right to access employment, right to accommodation in the Regional Centres and reimbursement for travel costs.[1] Consequently, detained asylum applicants have the same rights to legal assistance as those in liberty.
Legal assistance for asylum applicants in detention is provided by CNRR through the project “Specialised legal assistance for asylum applicants in Romania”, funded by the AMIF national program. According to CNRR, if the detained asylum applicants express their wish to be counselled before the interview, a CNRR legal advisor will provide the necessary assistance. In this case, the interested asylum applicant refers to the management of the centre and the latter informs CNRR and the legal counsellor will go to the detention centre.[2] CNRR also confirmed that legal counselling is provided upon request at every stage of the procedure.[3] The implementation of this project continued also in 2025.[4] As part of this project CNRR ensured legal counselling in all 6 regional centres for asylum applicants (1 counsellor/centre). In the public custody centres in Otopeni and Arad the counselling of asylum applicants was provided by 2 CNRR counsellors. [5]
In Arad, legal counselling is provided by the CNRR legal counsellor from Timișoara according to CNRR. However, According to data reported by CNRR for the year 2024, counselling was provided to four individuals in detention who had applied for asylum: three in the Otopeni Detention Centre and one in the Arad Detention Centre.[6] It is possible that the actual number of cases was higher; however, no additional data was made available by the IGI. In practice asylum applicants were relying on the information received from other detainees. This was also confirmed by the interviewed detainees who reported that they were not counselled by any NGO on asylum applications or subsequent applications, and that they were relying on the information provided by other detainees or police officers. In 2025, according to CNRR, asylum applicants in detention had effective access to legal counselling and did not face obstacles in accessing legal assistance. Legal counselling was provided upon request at any stage of the asylum procedure, through a mechanism ensuring communication between detention centre authorities and CNRR counsellors. However, no updated statistical data were provided regarding the number of asylum applicants assisted in detention.[7]
CNRR reported that, IGI informs CNRR Bucharest by email when an asylum application is made.[8] The representative of Arad centre said they inform the CNRR representative working in the centre if an asylum claim is made, because while the detainee is an asylum applicant, he/she cannot benefit from the services provided under the project implemented. The director of Timișoara centre said they inform the legal counsellor in Timișoara if an asylum claim was made from the detention centre, but not every time.
In 2023, 2024 and 2025 legal aid was provided by CNRR under European Union funds. According to CNRR, from the practice encountered in 2024 and 2025,[9] asylum applicants did not face obstacles in accessing legal assistance in detention. They had effective access to legal assistance, such as legal assistance for asylum applicants in detention being provided by CNRR through the project “Specialised legal assistance for asylum applicants and beneficiaries of international protection in Romania”, funded by the AMIF national program. If the detained asylum applicants expressed their wish to receive legal counselling before the interview or at any stage of the asylum procedure (e.g., lodging a complaint against the IGI decision), a CNRR legal advisor would provide the necessary assistance. In such cases, the asylum applicant would inform the centre’s management, who would then notify CNRR, and the legal counsellor would go to the detention centre. If the situation required it, the CNRR legal counsellor could call an interpreter to assist with the legal counselling session.[10]
According to the observations from the Ombudsman report on the visit conducted on 27June 2024, to the Otopeni Detention Center: “Legal and material assistance activities were carried out through projects implemented by non-governmental organizations with which IGI/the Centre had collaboration agreements, based on projects funded either from their own resources or from European Union funds. These organizations included: the International Organization for Migration (IOM), the Romanian National Council for Refugees (CNRR), and JRS – the Jesuit Refugee Service Romania.”[11]
In May 2025, the Ombudsperson conducted a visit in Arad Detention Center. The Ombudsperson reported that detainees had the possibility to submit requests, complaints and petitions, which were registered and processed by the centre’s management. However, deficiencies were identified in relation to the complaint boxes, which were not adequately secured. It was recommended that these be relocated to ensure the confidentiality and integrity of submissions. The report also noted that a number of requests and complaints had been submitted by detainees in 2024 and early 2025, indicating that this mechanism is used in practice. [12]
According to the Ombudsperson, detainees benefited from the support of non-governmental organisations, including CNRR and AIDRom, which provided counselling, legal assistance and material support. These services contributed to informing detainees about their rights and supporting them in administrative and legal procedures. [13]
The report indicated that the centre’s staffing structure included 64 positions, of which 54 were filled at the time of the visit. Staff included personnel responsible for supervision, administration, medical care and support services. Participation in professional training activities was also reported. [14]
The Ombudsperson concluded that, while the centre generally ensures the provision of basic services and safeguards, several improvements are necessary. Key recommendations included repairing sanitary facilities and lighting systems, ensuring the proper placement and security of complaint boxes, and equipping the psychological office with appropriate tools to enable professional assessments.[15]
[1] Article 19^16(2) Asylum Act.
[2] Information provided by CNRR, 15 February 2022.
[3] ibid.
[4] ibid., February 2025.
[5] ibid., April 2026.
[6] ibid., March 2025.
[7] ibid., April 2026.
[8] ibid. 7 February 2023.
[9] ibid., 03 February 2026.
[10] ibid., February 2025. Confirmed in 2026.
[11] Information provided by Ombudsman visit report in Otopeni Detention Centre, 27 June 2024, available here.
[12] Visit Report in Arad Detention Centre – 2025, available here.
[13] ibid.
[14] ibid.
[15] ibid.