Author
As an alternative to detention, the police authority may impose less coercive measures on a third-country national. In particular, the person may be required to report his or her place of residence regularly to the authorities or to provide a financial guarantee (bail). The type and manner of application of these alternatives are decided by the police authority, which must take into account the individual circumstances of the third-country national concerned, including his or her personal situation and the degree of risk that the purpose of detention would be undermined.
Where a reporting obligation is imposed, the third-country national is required to reside at a designated address and to report in person at regular intervals to the police authority within the time limits specified by the authority.
Where a financial guarantee is imposed, the third-country national must deposit the guarantee in the amount and within the time limit determined by the police authority to the account of the Police Force. The person is further required to reside at the address indicated to the authorities and to notify any change of residence. The financial guarantee may also be deposited by a close relative on behalf of the third-country national. The person depositing the guarantee must inform the police authority of the bank account number to which the guarantee should be returned or provide the address where he or she will be available for the purpose of reimbursement.
In practice, the use of alternatives to detention appears to be limited. According to HRL’s experience, detention remains the primary measure applied by the authorities, while alternatives such as reporting obligations or financial guarantees are used only rarely. Financial guarantees are particularly difficult to apply in practice due to the limited financial resources of most applicants for international protection and other third-country nationals concerned, as well as the requirement to provide the full amount within a relatively short time frame.
In the course of detention proceedings, police officers typically assess the financial situation of applicants for international protection; however, it is not always clearly explained that this assessment is carried out for the purpose of considering alternatives to detention. As a result, applicants may not be aware that they could seek financial assistance from family members or acquaintances, for example by arranging a transfer of funds, which may further limit the practical accessibility of financial guarantees as an alternative to detention. Based on HRL and UNHCR experience shared with HRL orally, alternatives to detention are not applied in practice. No official data is available in this matter.