Alternatives to detention

Serbia

Country Report: Alternatives to detention Last updated: 23/03/21

Author

Nikola Kovačević

The Asylum Act foresees several alternatives to detention, which will be imposed based on an individual assessment prior to detention. Alternatives to detention are the following:

  1. Prohibition on leaving the Asylum Centre, a particular address, or a designated area;[1]
  2. Obligation to report at specified times to the regional police department, or police station, depending on the place of residence;[2]
  3. Temporary seizure of a travel document.[3]

The above-stated measures can last as long as there are Grounds for Detention under Article 87 of the Asylum Act but no longer than 3 months, and exceptionally could be extended for additional 3 months. An asylum seeker who has violated residence or reporting obligations can be detained in the Detention Centre for Foreigners.[4] The Asylum Office is the authority in charge of ordering alternatives to detention with regard to asylum seekers.

Such measures, however, have never been taken in practice as of the end of 2020. In general, Serbia can still be considered a country that does not resort to systematic detention of asylum seekers or other foreigners that might be in need of international protection.

[1]           Article 78(1)(1) Asylum Act.

[2]           Article 78(1)(2) Asylum Act.

[3]           Article 78(1)(5) Asylum Act.

[4]           Article 79 Asylum Act.

Table of contents

  • Statistics
  • Overview of the legal framework
  • Overview of the main changes since the previous report update
  • Asylum Procedure
  • Reception Conditions
  • Detention of Asylum Seekers
  • Content of International Protection