UNHCR has unimpeded access to all persons under its mandate, including in detention.[1] NGOs specialised in asylum and migration issues are also entitled to have access to all persons who enjoy the status of asylum seeker.[2] Access to asylum seekers detained at the airport could be restricted, when that is necessary to protect national security and ensure public order in the Republic of Serbia.[3] CSOs in general have the possibility to access the Detention Centre in Padisnka Skela, but was rarely done in 2022 due to lack of interest of detainees to apply for asylum. Usually, the visits are conducted upon invitation of the management, and when a foreigner expresses their intention to apply for asylum.[4] The question that remains open is if the higher number of detainees would be willing to apply for asylum if open visits would be allowed by the MoI. Open visits would imply unhindered access to lawyers who would provide legal information and counselling.
[1] Articles 5(2), 14, 36(5), 41(3) and 56(4) Asylum Act.
[2] Articles 36(5), 41(2), 56(3) and (4) Asylum Act.
[3] Article 41(3) Asylum Act.
[4] BCHR conducted 8 visits to Detention Center in 2020.