Author
According to law, detained third-country nationals have the right to receive visits from up to two persons once every two weeks for a duration of 30 minutes. In justified cases, the director of the facility may authorise an exception to these limitations.[1]
Persons providing legal assistance to the third-country national must be granted access without limitation.
Applicants for international protection enjoy additional safeguards compared to other detained individuals. They have the right to communicate with representatives of the UNHCR, family members and persons providing legal assistance. They also have the right to receive visits from UNHCR representatives, family members and legal advisers under conditions ensuring privacy.
The role of UNHCR in monitoring detention facilities is further specified in Notification No. 219/1994 Coll. of the Ministry of Foreign Affairs of the Slovak Republic on the conclusion of the Agreement between the Government of the Slovak Republic and the UNHCR concerning the legal status, immunities, and privileges of the Office of the UNHCR and its personnel in the Slovak Republic. Article III of this Agreement establishes the framework for cooperation in the field of international protection and humanitarian assistance.
Access of family members and persons providing legal assistance may be restricted only on grounds of national security or public order, or by decision of the facility director, provided that such restrictions do not significantly limit or prevent effective access to the applicant for international protection.
In practice, according to information available to the HRL, the first in-person meeting between detained applicants for international protection and their legal representative, prior to the signing of a power of attorney, is often treated by the authorities as a regular visit. As a result, this meeting is counted as part of the detainee’s number of allowed personal visits. This may effectively reduce the time available for contact with family members, as the limited visit quota is partially used for the purpose of establishing legal representation.
In both detention facilities, the SHC, a non-governmental organisation, is present on a daily basis. Within the framework of the AMIF-funded project DETENT, the organisation provides a range of support services to detained third-country nationals, including social counselling, crisis intervention, leisure and educational activities and psychological assistance. However, as already noted above, HRL is not in a position to assess the quality, effectiveness or overall impact of these services on detained persons. Due to the relatively low number of detained third-country nationals in recent years and the limited opportunities for independent evaluation, no comprehensive assessment of the outcomes of these interventions is available.
Detained persons are granted access to their personal mobile phones once per day for approximately one hour. Where detainees do not possess a mobile phone, telephone contact with family members or other persons is typically facilitated through the social worker of the non-governmental organisation present in the facility.
Under the applicable legislation, a detained third-country national may receive a parcel containing personal items once every two weeks, with a maximum weight of five kilograms. This limitation does not apply to parcels containing clothing. Detained applicants may receive financial resources without limitation. The facility is responsible for ensuring the safekeeping of such funds.
[1] Article 98(1) of the Act on Residence of Foreigners.