62 In the course of visiting the Reception Centres, it was reported that the majority of centres accommodate both the migrants who expressed their intention to seek for an asylum and those who did not. Namely, since the Asylum Centre capacities have been filled, as the institutions providing primary accommodation and basic living conditions to the persons seeking asylum, the migrants who expressed this will are directed by the competent police administrations to some of the reception centres reported by the Commissariat for Refugees and Migrations notifies to have free accommodation places. Despite this, the Asylum Office failed to register these persons, issue the identity cards for asylum seekers or enabled the authorized officers to file the application for asylum. After the visit to the asylum centres in Bogovađa, Tutin and Sjenica and the Reception Centre in Adaševci, the NPM recommended to the Asylum Office to take legally prescribed measures for these persons, but these recommendations were not acted upon. The Border Police Administration justified such failure to act upon the recommendations by the fact that they did not receive personal and other data for these persons from the Commissariat for Refugees and Migrations, that these persons do not stay in centres for longer than a couple of days, that there are no available interpreters and that these persons predominantly, after being placed to reception centres, state to the officers of the Commissariat that they do not want the asylum. In the reporting period, about overall 144,000 migrants were recorded on the territory of the Republic of Serbia with more than one third of minors (54.882) included in that number. According to the data kept by the Ministry of Interior, 12,814 confirmations about the expressed will to seek the asylum were received in 2016. Despite this fact, the Asylum Office registered only 916 persons and the asylum requests were decided for overall 580 persons: 19 of them were approved, the subsidiary protection was provided to 23 persons and 43 asylums were rejected, 39 denied, while the procedures for 466 persons have been suspended. Considering that the conditions for autonomous conducting of procedures and decision making regarding the asylum applications and the cancellation of such right have not been met, that the Asylum Office fails to take all the legally prescribed activities towards all the persons who expressed their will to seek the asylum in the Republic of Serbia as well as the large number of confirmations of the expressed wills, number of registered persons and the number of those upon whose requests the decision has been adopted, the NPM finds that the Republic of Serbia has still not established the efficient asylum system. As early as in 2015, the NPM gave warning that the premises at „Nikola Tesla“ Airport accommodating foreigners who do not meet conditions for the entry into the country are not appropriate for the stay of persons for more than a day and that there is no possibility for these persons to stay in fresh air.105 Upon visiting the Border Police Station in the transit zone of the Airport in 2016, it was found that this situation did not change and therefore, recommendations were given to eliminate these deficiencies. The NPM was notified that in November 2016, at the meeting of the Border Police Administration with the representatives of “Nikola Tesla“ Airport a.d., all the details and aspects of developing the Project Design for the adaptation of these premises have been discussed. 105 Report on the visit to „Nikola Tesla“ Airport pages 9 and 10, http://npm.rs/attachments/513_Izvestaj.pdf.

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