Author
Under the Act on the Provision of Legal Aid to Persons in Material Need, third-country nationals and applicants for international protection have the right to free legal aid provided by the Centre for Legal Aid in proceedings concerning detention, provided that certain conditions are met.
Legal aid is granted where the person concerned is a third-country national or an applicant for international protection present on the territory of Slovakia, has submitted a request for legal aid, does not have a privately chosen legal representative, is in a situation of material need, and a police authority has issued a decision on administrative expulsion or detention.
The requirement that the case must not be manifestly without merit does not apply in detention proceedings concerning third-country nationals or applicants for international protection, meaning that legal aid may be granted irrespective of the prospects of success of the case.
In practice, access to legal aid provided by the Centre for Legal Aid is organised through a specific procedure applicable to detention cases. Authorisation for representation by the Centre is granted directly through the application for legal aid, which contains an integrated power of attorney section in accordance with the applicable legislation and implementing regulations. As a result, detained third-country nationals do not sign a separate power of attorney for the Centre; the signed application for legal aid is sufficient to initiate both the administrative procedure on entitlement to legal aid and the representation before the court.
Once the application is signed, it is typically transmitted to the Centre by email either by police officers or by the social worker present in the detention facility. The Centre registers the application electronically, while the original document is subsequently collected in person from the facility. In some cases, Centre lawyers may also complete the application directly with detainees during on-site visits. The initiation of contact therefore depends on the circumstances of the case and the availability of staff.
To facilitate immediate access to detainees, the Centre maintains a contractual staff member regularly present in the detention facility. This staff member, in cooperation with police officers, proactively informs newly detained persons about the possibility of obtaining legal aid and assists them in completing the application where requested. In some situations, detainees request only an initial consultation without formal representation, which is also provided.
In addition to legal aid provided by the Centre for Legal Aid, legal assistance in detention was also provided by the HRL in 2024 and 2025. HRL provided legal representation both in detention-related proceedings and in asylum procedures concerning detained applicants for international protection.
Communication between detained persons and their legal representatives takes place through in-person consultations, telephone calls or email correspondence. Personal consultations are conducted without the presence of third parties, ensuring confidentiality.
Telephone and email communication usually occurs during the period when detainees are granted access to their personal mobile phones. Where detainees do not have access to a phone at a given moment, communication may also be facilitated with the assistance of social workers present in the detention facility.