When you arrive at the border of the country in which you wish to seek international protection, you have certain rights immediately.
Right not to be returned
The most important right you have as an asylum-seeker is the right not to be returned to the place of persecution, known as the principle of non-refoulement. It derives from the 1951 Refugee Convention, which prohibits the expulsion of a refugee to the territories where their life or freedom would be threatened because of their race, religion, nationality, membership of a particular social group or political opinion. This applies to asylum-seekers inside the territory of the country, at the border, or in the transit zone.
This principle is also reflected in several other international human rights instruments, such as the European Convention on Human Rights. The prohibition of torture or inhumane or degrading treatment or punishment also encompasses non-refoulement, meaning that a state cannot return a person to a country if there are grounds to believe that the person faces a real risk of torture or inhumane or degrading treatment or punishment in that country.
When does the right arise?
You are also protected by this principle if you have not explicitly applied for asylum. Under EU and Slovak Law, the authorities at border crossing points must proactively identify potential asylum-seekers. If there are any indications that a person may wish to make an application for international protection, the authorities must provide information on the possibility to do so.
example In the case of Hirsi Jamaa and Others v. Italy, the European Court of Human Rights condemned the forced return of migrants intercepted at sea by Italian authorities. The Court confirmed that the obligation of non-refoulement arises not only in cases of formal asylum claims– taking into account the situation in Libya where human rights were being systematically violated, it was the task of the national authorities to introduce the option of applying for asylum.
Other rights
In addition, you have the following main rights at the border or transit zone:
- the right to receive information and interpretation to facilitate access to the asylum procedure
- the right to receive counselling from relevant organisations or lawyers, for whom the state must ensure access at border crossing points
- dignified conditions and no unlawful detention
What human rights violation may there be?
If you are detained at a border crossing point, but not in accordance with lawful grounds and/or in inhumane conditions, it may result in a violation of the right to liberty and security of a person, as well as the prohibition of torture and inhumane treatment.
example Four Somali asylum-seekers arrived at Paris airport, stating that they had fled their country of origin because they had been persecuted by the regime in power. The border police refused to let them enter French territory and they were held in the airport’s transit zone for twenty days and then expelled. The European Court of Human Rights found that the asylum-seekers in the transit zone of Paris Airport were subject to French law and holding them there was equivalent to deprivation of liberty. The Court found a violation of Article 5 (right to liberty and security) of the European Convention on Human Rights.
Read more about detention.
How to complain
If you believe that your rights as an asylum-seeker are violated at the border, you may submit a complaint to the Police or the Regional Administrative Court. Read more about the complaint procedure.