- What are facilities for detention of foreigners?
The facilities for securing foreigners (hereinafter “the device”) serves to restrictions on the freedom of foreigners on based on the decision of the Police of the Czech Republic (hereinafter “Police”) or the Ministry of the Interior of the Czech Republic (hereinafter referred to as “the Police”) “The ministry”). The conditions for the performance of the security are regulated by the Act residence of foreigners. The facility for the provision of foreigners is provided by the Refugee Facilities Administration of the Ministry of the Interior of the Czech Republic (hereinafter referred to as “Refugee Facility Management”). The police provide, in particular, external surveillance of the facility.
- When does the foreigner become acquainted with rules of facility?
When placed in or immediately after the foreigner should be acquainted with it in foreign language, mother tongue or in a language that he / she is able to understand the internal rules of the facility and also with rights and obligations that apply to stay in device. With adaptation in facilities helps social workers and other facility staff.
- What are the rights and duties of secure foreigner?
Foreigners have the right to provision of bed, chairs, lockers for storage the personal belongings, which should be lockable, on provision of three times daily meals, basic hygiene, and uninterrupted eight – hour sleep in night time. Foreigners are allowed to receive and to send written communications without limitation, whereas in the case of sending correspondence (court, ministry, etc.), foreigners are provided free of charge 4 pieces of postage stamps. Package with food and personal needs (about weighing max. 5 kg) the foreigner is entitled to receive once a week. Restrictions does not apply to packages with clothing sent for the purpose of its exchange.
Foreigners are obliged to, during the course of the collateral, tolerate reasonable restraint of their rights (e.g. rights to freedom of movement and freedom of movement residence, rights to privacy) is required to observe the internal order of the equipment, to drive instructions for the administration of refugee facilities, police and to tolerate the input, continuous and an outpatient medical examination.
- Will be provided a health care to foreigner and in what extent?
Unsecured foreigners are provided with health services, but only in range of emergency care. Emergency care responds to conditions that directly threaten life can lead to deepening of disease change to accidental death, it will cause permanent ill-health changes without pain, cause behavioral change and behavior of the affected person, threaten his or her surroundings, concern pregnancy and birth (except for artificial abortion of pregnancy request of a foreigner) or have a connection with ordered by quarantine or other measures in context of protection of public health. If such a medical service can´t be provided directly, the Ministry of the Interior has the obligation to provide it outside the facility.
For all health actions, the foreigner must be informed so that his consent can be considered free. In case of doubt about free and informed consent of the foreigner from the language barrier is to be used by an interpreter’s services. Foreigner, like any other patient, has the right to refuse medical treatment and right to look into her medical records, including the taking of her statements or copies.
- Can foreigners in the facility receive visits?
Act on staying foreigners allows you to receive visits twice a week. The visit takes one hour and one participates in it up to four people. The head of the facility based on the request in reasoned cases and after agreement with police, can allow more visits or extend the duration of the visit.
- What are the conditions for the realization of detention in the facility and the reasons for placing it in a part with a strict security regime?
A foreigner may not leave the facility without the police’s consent. The facility is divided into a mild secured section and a strict secured section. Part of the mild section may be further divided into other sections (eg. for families with children, for women) that are not allowed to enter other foreigners.
A foreigner who is aggressive, requires increased supervision for another serious reason, or repeatedly seriously violates the internal order or the relevant provisions of the Foreigners Residence Act. The police shall write a record for foreigner in a language he / she understands in case of replacement into strict secured section. In the record is also an information on the possibility of submitting a complaint to the Ministry of the Interior through which the foreigner may disregard the fulfillment of the legitimate reasons for placing in a strictly secure part. In case of dissatisfaction with the handling of the complaint by the Ministry, it is also possible to contact the Ombudsman.
If the length of the placement under a strict secured regime exceeds 48 hours, the police will issue a decision. When a foreigner considers that the statutory conditions for issuing a decision to place himself in a strict secured regime have not been met, he may request his / her cancellation by an administrative action filed within 30 days of the date of the decision in court. It can also address the Ombudsman.
- Can the police carry out personal inspections of foreigners and their stuff?
The police are authorized to do a personal inspection of the foreigner and his / her belongings not only during the placement into the facility but also during his / her stay. The purpose of these inspections is to find out if a foreigner does not have objects that he or she can´t bring or store to the facility. A personal inspection must be carried out by a person of the same sex and must be carried out with respect to human dignity. Inspections of things and rooms must also be carried out gently, while respecting the proportionality criterion. For example, inspection that break things or scatter around the room are forbidden. It is possible to complain to the police that conducts the inspection of the police. In case of dissatisfaction with the handling of the complaint, it is possible to contact the superior department of the police. Information on who performs a particular search is provided by intercepted police officers or the administration of refugee facilities.
- Are family members staying together?
Joint placement of family members is usually ensured because there are dedicated parts for families with children in the facility. It should be emphasized here that children under the age of 15 can´t be secured under the current legislation, and if they are in the facility together with their parents, they can leave the facility freely with the accompaniment of another adult. Temporary family breakdown within a facility is only allowed if a family member is placed in a strictly secured part.
- Can a foreigner be dealt with money? Can a foreigner shop?
A secured foreigner can accept without limitation the money he or she has been sent or transferred to the facility in another way. However, the funds must be placed in custody by the administration of refugee facilities. If the foreigner fails to pass the funds safely, the police will detain foreigners and transfer them to custody without the consent of the foreigner.
A foreigner who has money in his custody can draw a sum of up to 300 CZK a week to buy items of daily necessity, books, newspapers or magazines. The purchase itself is provided by the administration of refugee facilities on the basis of a written order of the foreigner at the intervals stipulated by the internal rules of the facility. Acceptance of the items and their billing is confirmed by the foreigner’s signature.
Refugee Facility Management is entitled to use the deposited funds if they are in Czech or other freely convertible currency to cover the expenses related to his detention and leaving the territory. If, after release, the foreigner is not immediately transferred to the asylum facility or transported by the police to the border crossing for the purpose of leaving the territory, he / she shall be reimbursed at least 400 CZK at the end of the security.
- Will someone in the facility provide legal aid to foreigners?
A foreigner at the facility can attend his lawyer. The legal aid is also regularly provided by non-governmental organizations with regular legal assistance on foreign affairs.
