What procedure must be followed in a case of detention in an asylum context?
You may be detained by the state border guards or other law enforcement officers. Extended detention must be approved by a court.
Border guards (detention for up to 48 hours)
Border guards or police may detain you for up to 48 hours without the permission of a court. Upon your detention, the border guards must inform you immediately in writing in a language you understand on your detention grounds, detention appeal procedure and a possibility to receive free legal aid. Read more about the appeal.
Court (detention for longer than 48 hours)
Your extended detention may be needed for several reasons. For example, if there is reason to believe that you may endanger public security and order. In such a case, you must be brought in front of a judge.
Length of detention
- The judge may decide to keep you detained for 6 months.
- The period of your detention may not exceed the period necessary for an examination of your application. This means that, generally, you may be kept in detention for up to 3 months. In exceptional cases, your detention may extend to a maximum of 12 months, if the period for the examination of your application is extended.
- It is important to note, however, that the detention must not be longer than the decision-making regarding your asylum request.
Basic rights
You have certain important rights in the process before a judge. Read more about your basic rights.
Decision
The judge has a duty to issue a well-reasoned decision explaining why it is necessary to keep you detained. The reasons must be closely related to your situation.
Appeal
If you do not agree with the decision of the judge or you believe that your rights, such as the right to present your views, were violated in court, you have the right to appeal this to a higher court. The decision must contain information about the procedure and the deadline of the appeal. You also have the right to request compensation for the wrongful decision of a court. Read more about your right to receive compensation.
What human rights violation may there be?
If lawful procedures have not been followed during the detention process, this may result in a violation of the right to liberty and security of a person.