What are the requirements for lawful detention in an asylum context?

Requirements

You cannot be automatically detained after you have expressed a wish to seek asylum in Lithuania. The detention of an asylum seeker is permitted only in one or more of the following situations:

  • your identity is unknown 
  • to verify the information you have given
  • to decide whether to allow your entry into the country
  • the Lithuanian authorities have grounds to believe that you pose a threat to national security or public order
  • another European Union country is responsible for processing your application

You must be released when the relevant ground or grounds of your detention cease to exist. 

Human rights standards

Even if there are lawful grounds to detain you, your detention will only comply with human rights standards if:

  • the verification procedure is conducted with due diligence whilst you are being detained

What human rights violation may there be?

If you are detained but not according to lawful grounds and/or following lawful procedures, it may result in a violation of the right to liberty and security of a person.

Resources

Last updated 05/07/2024