What rights do you have in the detention procedure?
The fact that you have been detained does not mean that you are completely helpless. You have certain rights in the detention procedure. You have the right to:
- legal aid; if you cannot afford legal aid, it should be provided to you free of charge if you decide to appeal your detention before the court
- read the documents related to your detention with the help of your lawyer, if necessary
- a State paid interpreter if you do not understand Slovak; the translation does not need to be in your native language, but in any language that you understand
- explain your side of the situation personally or through your lawyer in front of a judge in the first instance
- ask for a translation of the decision in a language you understand
- be advised, immediately after the detention and in the language you understands:
- the reasons for detention;
- the possibility of notifying your consulate about your detention
- the possibility of notifying any close persons and/or your legal representative about the detention;
- the possibility of examining the legality of the detention decision ;
- the possibility of requesting an assisted voluntary return and of the possibility of contacting non-governmental organizations
- if you applied for asylum or expressed the intention to file such an application, the possibility of contacting the United Nations High Commissioner for Refugees.
During the detention to have an access to the facility for employees of the International Organisation for Migration, other non-governmental or intergovernmental organizations with the consent of the facility director
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.
What human rights violation may there be?
If you could not enjoy the abovementioned rights during the detention process, it may influence your ability to challenge your detention. Thus, it can result in the violation of the right to liberty and security of a person.