Author
According to Article 84(2) IPA, children and unaccompanied children asylum seekers cannot be detained in the Foreigners Centre. They can, however, be detained in the Asylum Home. In practice, unaccompanied children have also been de facto detained in the reception area of the Asylum Home or its branch in Logatec for periods reaching up to 20 days until the lodging of their asylum application.[1] (See: Detention: General)
Victims of torture and other vulnerable people can be detained in the Foreigners Centre, but according to the law, special attention has to be paid to their health, including their mental health, and regular monitoring and appropriate assistance guaranteed taking into account their specific circumstances.[2]
As mentioned above, unaccompanied minors who express their intention for international protection cannot be detained in the Foreigners centre[3]. However, unaccompanied children who are foreigners, not asylum seekers, can be detained in line with the Foreigners Act,[4] meaning that unaccompanied children can be detained until they express the intention for international protection. In 2022, the Ombudsperson urged the Ministry of the Interior to find a systemic solution for accommodation of unaccompanied children, as detention should be used as a last resort.[5] Detention of children, accompanied or unaccompanied was also highlighted by the Committee against Torture. In its concluding observations, the Committee noted that Slovenia should review its national legislation in order to ensure that children and families with children are not detained solely because of their immigration status and seek alternative accommodation for such individuals.[6] In April 2024 a new facility for systemic accommodation of unaccompanied minors was established. According to the Decree[7] foreign unaccompanied minors will also be accommodated there together with asylum seekers and unaccompanied minors waiting to lodge the application instead of the Foreigners centre. (see: Reception conditions for vulnerable groups)
In 2023, 4 children and 10 unaccompanied children were detained in the Foreigners Centre.[8] Statistics on vulnerability is not systematically gathered and therefore not available for 2023. (see: Screening of vulnerability)
[1] Observation by the PIC.
[2] Article 84(9) IPA.
[3] Article 84(2) IPA.
[4] Article 76(4) Foreigners Act.
[5] Varuh človekovih pravic, Državni preventivni mehanizem, Priporočila iz obiskov (preglednice), available in Slovenian at: http://bit.ly/3l6Xhs0.
[6] U.N. Committee against Torture: Concluding observation on the fourth periodic report for Slovenia, 7 December 2023, available at: https://bit.ly/3OY4B5k.
[7] Article 1 Decree on providing appropriate accommodation, care and treatment of unaccompanied minors.
[8] Information provided by the Police, March 2024.