Report on the Performance of Activities of the National Preventive Mechanism for 2016 debatable to what extent they understood what they were signing. Either foreigners’ signatures on the forms should certainly be accompanied by that of the interpreter or forms should be drafted in a bilingual form. Free legal aid is prescribed by the Foreigners Act and Ordinance on Free Legal Aid in the Procedure of Expulsion of Foreigners, and it implies assistance in drafting the statement of claim and engagement of a representative before the Administrative Court. It is granted only within the procedure of deciding upon expulsion and/or return of persons with illegal residence or short-term residence, and this unless they possess things of greater value or sufficient financial means or if it has been estimated beforehand that the procedure before an administrative court will not be ended favourably. However, what violates their rights is the fact that right to free legal aid is foreseen only in cases of expulsion or return – not in cases of freedom of movement restriction – and what is particularly unacceptable is for the Ministry of the Interior to prejudice against the manner in which administrative case in question might be resolved, which as a result affects their right to free legal aid. Availability of adequate translation services and of free legal aid is particularly important in the procedures of deciding upon expulsion and freedom restriction by placement in FRCJ. Namely, if an irregular migrant has not been informed on his or her rights, especially the ones regarding legal remedy, and does not initiate administrative proceedings, the court will have no knowledge about the fact that his or her movement has been restricted, until ten days prior to the expiry of three months since the day of being placed in FRCJ. According to the Constitution, human liberty and personality are inviolable and no one shall be deprived of liberty, nor may such liberty be restricted, except when specified by law, upon which a court shall decide within reasonable time limit, which the above-mentioned time limit, as referred to in the Foreigners Act is certainly not. In addition, CPT standards recommend that irregular migrants whose freedom of movement has been restricted, must have at their disposal an effective legal remedy, which enables legality of their deprivation of liberty to be decided upon by a court, within a short period of time. Besides, within the procedure of freedom of Within the procedure of freedom of movement restriction, decision should be made on movement restriction, decision should the basis of individual assessment, in order to avoid be made on the basis of individual the reason for detention of vulnerable groups, estimation, in order to avoid the reason especially families with children, to be lack of open for detention of vulnerable groups, centres. Even though National Programme of the especially families with children, to be Asylum, Migration and Integration Fund, sets out lack of open centres. organizing open-type accommodation, not a single new centre has been opened as yet, and except for a case of short-term placement of vulnerable groups of irregular migrants in one section of RFAS in Zagreb – which stopped after increase in the number of applicants for international protection – people are not provided with this type of accommodation any longer. In situations when FRCJ is full and when there are no open centres available, irregular migrants who dispose of no identification documents or 41

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