IRCT REGIONAL REPORT 2016
Asylum seekers entering Hungary are frequently detained
due to the broad interpretation of grounds for asylum
detention and the criminalisation of irregular entry into
the country. Asylum seekers can be detained if they are
deemed a “threat to public safety”. The Office for Immigration and Nationality (OIN) has interpreted this to mean that
any asylum seeker with a conviction, including for irregular
entry or damage to the border fence, is prima facie a threat
to public safety. This allows for the systematic detention of
all asylum seekers.10 Cordelia has found that torture victims
and other vulnerable asylum seekers are held in detention
facilities as frequently as in open reception facilities.11
Worryingly, the amended Asylum Act also contains provisions for imprisonment of asylum seekers if they enter the
country irregularly (i.e. avoiding an official entry point) or
by damaging the border fence with Serbia. These offences
are punishable by up to eight years imprisonment and
accompanied by one-to-three year re-entry bans.
The Cordelia Foundation has now instituted weekly services
and monitoring visits in detention centres and reception
facilities, where they have now instituted weekly services and
monitoring visits. Cordelia Foundationhas has even made it
possible for local psychiatrists to provide care in some centres.
As there is currently no mechanism for identifying torture
victims, any procedural safeguards that the Hungarian legal
framework may have, is rendered illusory. This is the case for
all stages of the asylum procedure, including during registration at the border, in detention and in prison. Research by
Cordelia shows that even in cases where an asylum seeker has
a visible physical disability, authorities do not enact special
procedural guarantees.12 Torture victims are also included in
accelerated asylum procedures as Hungarian law allows for
the accelerated procedure to be used on 10 different grounds,
including where persons are “presenting false documents”.
These grounds are so broad that they apply to many (perhaps
even a majority) of the asylum seekers arriving in Hungary.
“Asylum seekers at detention centres are
provided with a medical examination. However,
we once witnessed medical examinations for
12 persons lasting no more than 10 minutes
in total for all of them. This is clearly grossly
insufficient to credibly determine whether the
individual person may be a torture victim.”
— Lilla Hardi
Asylum application
in Hungary, 2010 - 2015
Asylum applications in Hungary,
2010 – 2015
180,000
174,435
160,000
140,000
120,000
100,000
80,000
60,000
42,775
40,000
20,000
2,105
1,695
2,155
2011
2012
18,900
0
2010
2013
page 27
2014
2015
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