What procedure must be followed in a case of detention in an asylum context?
You may be detained by the police.
Police
You can be detained by the police officer, if:
- your identity is unknown;
- there are reasons to believe that you are using the asylum procedure for the wrong reasons (e.g. to avoid a return procedure);
- there is a need to verify the information you have given, especially if there is a risk of flight;
- it must be decided whether to allow your entry into the country;
- the Slovak authorities have grounds to believe that you pose a threat to national security or public order and security;
- other European Union country is responsible for processing your application;
- for the purpose of execution of the administrative expulsion or of the order for expulsion.
Basic rights
You have certain important rights. Read more about your basic rights.
Decision
You can be detained for the time as reasonably necessary, but for not more than six months. Minors with no statutory representative shall not be detained. Other vulnerable persons may be detained only in unavoidable cases and for as short period of time as possible.
Length of detention
The police department is authorised to repeatedly extend the detention during this period, with the total time of detention not exceeding six months. If it may be anticipated that in spite of the necessary steps taken to execute the administrative expulsion or the order for expulsion, the execution will be prolonged due to poor cooperation on your side, the police department may decide, even repeatedly, to extend the period of detention, where the total period of extension may not exceed 12 months.
The police department shall issue a detention decision forthwith to you and place you in the facility. If you cannot be identified immediately, the police department shall attach the evidence to the decision on your detention in order to prevent substitution with another person. The period of detention may not be extended in the case of a family with children or vulnerable people. You must be released when the relevant ground or grounds of your detention cease to exist.
The detention decision shall expire immediately upon your inclusion in the programme of support and protection of victims against trafficking in human beings of the Ministry of Interior. However, bare lodging of the application for granting asylum or the request for assisted voluntary return shall not be the reason to release you.
Appeal
Against the detention decision, against the decision on extending the detention and against the decision on extending the detention period cannot be lodged any appeal.
Complaint
You may lodge requests and complaints with public authorities of the Slovak Republic according to the procedure described in the Code of Administrative Code Procedure.
As of 1 June 2023, you have to file an action to the Administrative Court in Bratislava, Administrative Court in Banská Bystrica and Administrative Court in Košice.
What human rights violation may there be?
If lawful procedures have not been followed during the detention process, this may result in a violation of the right to liberty and security of a person.