What are the requirements for lawful detention in an immigration context?
Requirements
You may be detained if you do not have a legal basis to be in Slovakia.
For example:
- you have crossed the state external border illegally or you intentionally avoided or refused to undergo a border check when crossing the external border;
- you do not have valid travel documents, a visa, a residence permit, or you hide your identity;
- you do not have documents necessary for the return or the obtaining thereof from the receiving state or you provided the authorities with counterfeited documents;
- you have not voluntarily left the country by the date indicated in your administrative expulsion decision;
- the Slovak authorities have grounds to believe that you are a threat to national security or public order or public health;
- there is a significant risk of escape;
- you do not comply with the obligation to cooperate, you avoid or prevent the process of preparation of your administrative expulsion to be executed.
According to the Constitution of the Slovak Republic everyone’s personal freedom is guaranteed and no one may be deprived of his or her liberty except in the cases and pursuant to a procedure provided by law.
Human rights standards
Even if there are grounds to detain you, your detention will only comply with human rights standards if:
- you are detained according to the procedure prescribed in Act on Residence of Foreigners;
- there is an intention to return you to your country and not to keep you endlessly in detention for some other reason;
- you are held in a place meant for the detention of immigrants.
Read more about the detention place, conditions and treatment.
Grounds for your detention – action taken by Slovakia with a view to your deportation – has to remain valid for the whole period of your detention and there has to be a realistic prospect of your expulsion. Slovak authorities have to conduct the proceedings with due diligence.
What human rights violation may there be?
If you are not detained according to lawful grounds and/or following lawful procedures, it may result in the violation of the right to liberty and security of a person.