CAT/OP/MKD/1/Add.1
VII. Immigration detention
82.
The SPT notes with concern that, although there are legally prescribed grounds for
detaining migrants for purposes of establishing their identity, they had allegedly been
detained with a view to ensuring their presence as witnesses when conducting police
interviews with apprehended suspected migrant smugglers.
83.
The Ministry of the Interior accepts the recommendations as put forward by the SPT
for detentions of irregular migrants being undertaken as a measure of last resort, as well as
for detaining irregular migrants for the shortest possible length of time.
84.
In keeping with the existing national regulations, foreigners whose circumstances
have been established as not necessitating their accommodation at the Reception Centre for
Foreigners may be issued a movement restriction order by the MoI limiting their movement
only to their place of stay and may be issued an order to regularly report at their nearest
police station in the country within specifically established time intervals.
85.
With regard to the comment made by the SPT on the Reception Centre for
Foreigners not meeting accommodation standards required, the MoI would like to inform
that activities have been launched with a view to starting the construction of a new
Reception Centre for Foreigners, with the location where the aforementioned new facility is
to be constructed being already selected and other preparations of technical nature being
underway to ensure its construction, having been placed on the list of activities planned
under the EU’s Instrument for Pre-accession Assistance (IPA) for the Republic of
Macedonia for the coming period.
86.
By an official circular letter sent in March 2018 to all organizational departments at
the Ministry of the Interior, the Public Security Bureau, and the Security and
Counterintelligence Directorate nationwide, the Minister of the Interior reminded
employees of the Ministry of the Interior of their oath and obligation to act in keeping with
applicable national legal regulations and international documents that the Republic of
Macedonia is a party to and has ratified when pursuing their work tasks and duties. The
Letter of the Minister further stated that employees at the MoI were most explicitly
prohibited from acting and behaving by engaging in any form of discrimination or using
excessive force and means of torture against any other person.
87.
Moreover, the Letter highlighted the fact that any employees at the MoI found to
have engaged in illegal, inhuman, and discriminatory treatment of any other person would
be punished in line with legal regulations prescribed.
88.
In April 2018, at the proposal of the Ministry of the Interior, the Government
approved the text to the new Draft Law on Foreigners which brings national regulations in
line with the EU acquis relating to migration, i.e. the terms and conditions for making an
entry into the country, issuing visas, issuing consent for the stay of a foreigner in the
country, as well as returning foreigners illegally staying in the country.
89.
The JRS Safe House continues to provide accommodation support for the most
vulnerable asylum seekers, mainly single headed families and unaccompanied children who
claim asylum seeking status in the country. In 2018, under the annual agreement with the
UNHCR, the Ministry of Labour and Social Policy (MLSP) has had the opportunity to
provide specialized mental health support. Operationally, under the memorandums signed
with the NGOs the vulnerable persons receive support from psychologists, while when
necessary the MLSP engages psychotherapist for specialized treatment. In 2018, the MLSP
engages psycho-social support services that will also indicate at increased quality for
services provision directly for the beneficiaries. In regard to the state sponsored legal aid,
from the aspect of the MLSP it continues to guarantee the access to free legal aid and
interpreters at the reception facility, but it is expected the Ministry of Justice to review the
Law on Free Legal Aid and address the state budget issue to cover these services.
12
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