Ježevo Reception Centre for Foreigners (Read full CPT report)
44. The CPT’s delegation visited the Ježevo Reception Centre for Foreigners, the largest of the three pre-removal facilities for the administrative detention of foreigners in the country,51 for the first time since 2007. The establishment consists of two residential units (one of which is for vulnerable groups). At the time of the visit, the reception centre was accommodating 12 adult male foreign nationals of whom four were asylum seekers (i.e. they had made applications for international protection) for an overall capacity of 95 places. There was also one UASM who had been held in the centre for three months at the time of the visit.
45. The deprivation of liberty of migrants issued with a return or deportation order is regulated by the relevant provisions of the Law on Foreigners (Articles 131-134), pursuant to which they may be detained in a reception centre for foreigners if there are clear indications that less intrusive measures54 might not be applicable55 and if a serious risk of absconding exists. The decision on administrative detention may be issued by the police administration or the competent police station for an initial period of up to six months and may be prolonged for an additional period of twelve months in the case of objective impediments to his/her deportation. Asylum seekers may also be detained in exceptional circumstances (such as a risk of absconding) in accordance with the relevant provisions of the Law on International and Temporary Protection (LITP). In particular, Article 54, paragraph 9, provides for the detention of an asylum seeker for an initial period of three months which can be prolonged by an additional three months. The decision on placement is taken by the Ministry of the Interior, the Police Directorate or the competent police station and must be reasoned. In exceptional circumstances and pursuant to an individual assessment, an UASM may also be deprived of liberty for the minimum period of time necessary Both the Law on Foreigners59 and LITP60 provide that there is no avenue for lodging an administrative complaint against a detention order in a reception centre but a legal challenge may be initiated in front of the competent Administrative Court.
46. The average period of detention at the Ježevo Reception Centre for Foreigners for the period June 2018 to August 2020 amounted to 40 days.61 The Director of the Centre informed the delegation that in case of serious impediments and/or lack of cooperation from the consular authorities of given countries, the Ministry of the Interior would in general propose the release of foreign nationals. An examination of the records showed that no person had been held in the Centre for a period longer than three months. In 2018 a new Rulebook on the Accommodation in the Reception Centre for Foreigners (Rulebook on House Rules) was adopted which regulates all aspects of the internal life at the establishment.
