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:
- be advised, immediately after the detention and in the language you understands about 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;
- examining the legality of the detention decision;
- request an assisted voluntary return and of the possibility of contacting non-governmental organizations;
- the possibility of contacting the United Nations High Commissioner for Refugees, if you applied for asylum or expressed the intention to file such an application;
- 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, which shall be sent by the police department immediately. You can bring a lawsuit against the lawfulness of the detention to the Regional Court in Bratislava / Regional Court in Košice within 7 days from delivery of the decision. You can bring a lawsuit repeatedly, not earlier than 30 days after the last court decision. 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 you could not enjoy the above mentioned 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.