Author
Chapter 11 of the Aliens Act contains specific rules on how the detention centre should be run. Third country nationals who are held in detention must be treated humanely and their dignity should be respected.[1] By humane treatment is meant that: (a) the foreigner is always the focal point and their case must be dealt with in a legally safe and expedient manner; (b) a good relationship must be established between the detainee and the staff from the very outset of the detainee’s entry to the premises; (c) the foreigner must be able to feel secure and safe in this exposed situation; and (d) the staff must be sensitive to the needs of the detainee.
Conditions in detention centres should be as close as possible to those at regular reception centres, run by the Swedish Migration Agency. The only difference should be that the detainees are in a closed building and therefore have certain restrictions to their freedom of movement. Coercion or limitations in freedom of movement should not exceed what is necessary based on the grounds for the deprivation of freedom.
Religious observance is possible for persons of all creeds. It is a basic right according to the Swedish Constitution. However, this does not mean they can leave the centre to go to a mosque, shrine, or church. Instead, a neutral room is reserved for religious observance at the detention centre. Detainees are also able to request visits from pastors, imams and others who are important in their religious observance. Some faith communities see to it that a leader or representative visits the detention centre regularly.
While at the detention centre, the detainee has the right to a daily allowance in the same way as other asylum seekers. Sanitary towels and other provisions for hygiene for women are not provided for separately by the Swedish Migration Agency, but to covered by the daily allowance. A person who is being held in detention shall be given the opportunity for activities, recreation, physical training and time outdoors.[2]
If deemed necessary to uphold security, a detainee can be confined in their room if this is necessary for the orderly running of the centre and for safety reasons or if the foreigner represents a danger to themselves or to others. Such a decision must be reviewed as often as is required but at least every third day. If the person is a danger to themselves then a medical examination should be promptly ordered.[3] There is no requirement that detention confined to a room at the centre must be tried in practice before transferring someone to police custody or to the prison services.
A detainee is not allowed to have alcoholic drinks or other stimulants or any object that can hurt anyone or be to the detriment of the keeping of order at the detention centre.[4] But, the detainee should be allowed to retain objects of personal value and other belongings.
Detainees have the right to freedom of information and the right to express opinions in the same way as other citizens. Therefore, no restrictions can be placed on the individual’s possession of certain newspapers or magazines.
If the detention centre staff suspects that a detainee may be in possession of forbidden substances such as drugs, alcohol or objects that can harm others or be a threat to order at the centre then a body search can be ordered.[5]
Mail sent to the detainee can sometimes be the object of examination, in which case it should be opened in the presence of the detainee. If the detainee does not consent to the package being opened in their presence then the object should be put aside and not opened. An examination of the contents should not include reading a letter or other written documents. Mail from legal counsel, lawyers, international organisations that have the right to receive complaints from individuals or from the UNHCR must not be opened.[6]
Smart phones are not allowed in detention centres since they can be used to take photos of persons present there. Simpler mobile phones without a camera function can be borrowed from the detention centre.[7] Personal belongings that the detainee cannot have in their room are stored at the detention centre, unless the property is illegal, in which case it is handed over to the police.[8] They can have access to these objects upon leaving the detention centre, as a list needs to be made of all stored objects.
All detainees have access to health care at the same level as other applicants, therefore, requiring, regular visits from nurses and doctors.[9] However, there have been problems in practice in this regard. In 2017 the Swedish Migration Agency made a request to the Government concerning this issue, highlighting, inter alia, a lack of cooperation between the Agency and the regions that are responsible for providing healthcare.[10] The Commission of Inquiry investigated the relevance of the issues reflected in the request of 2017, and found out that some improvements occurred since, but others remained.
The Inquiry identifies three main problems:[11] the right to a health examination, the organisation of and access to health care, and the compensation provided to the regions. The issue of organisation and access to health care also includes the question of medical supervision during isolation when the detained person poses a danger to themselves. The matter of procedures for transferring detained individuals is likewise part of this issue. The inquiry finds that the problems could be solved with more clear routines and deepened cooperation between the Swedish Migration Agency and the regions. It found no need for a change in the legislation.[12]
Inspections are carried out in detention centres in accordance with the Optional Protocol to the Convention against Torture. In Sweden, the designated National Preventive Mechanism (NPM) to carry out the task is the JO. Following the inspection, several aspects of the use of detention have been criticized (see previous AIDA reports here).
[1] Chapter 11, Section 1 Aliens Act.
[2] Chapter 11, Section 3 Aliens Act
[3] Chapter 11, Section 7 Aliens Act.
[4] Chapter 11, Section 8 Aliens Act.
[5] Chapter 11, Section 9 Aliens Act.
[6] Chapter 11, Section 10 Aliens Act.
[7] Migration Agency, ‘Supervision and detention’, available in Swedish here.
[8] Chapter 11, Sections 11-12 Aliens Act.
[9] Chapter 11, Section 5 Aliens Act.
[10] SOU 2025:16, Ett nytt regelverk för uppsikt och förvar, 17 February 2025, chapter 12.2.7, p. 584, available in Swedish here.
[11] SOU 2025:16, Ett nytt regelverk för uppsikt och förvar, 17 February 2025, chapter 12.2.10, p. 592, available in Swedish here.
[12] SOU 2025:16, Ett nytt regelverk för uppsikt och förvar, 17 February 2025, chapter 12.2.10, p. 592, available in Swedish here.