2. Foreign nationals restricted in freedom
Monitoring in 2018
―― 53 court and administrative expulsions
―― 1 transfer under the Dublin Regulation
Analysis of decisions
―― 7397 decisions on expulsion, including decisions on
appeals
―― 819 decisions on detention, including decisions on
continued detention
In 2018, the Office of the Public Defender of
Rights continued to implement the project of
the national programme under the Asylum,
Migration and Integration Fund. The project is
titled Support for the Effective Monitoring of
Forced Returns, Reg. No. AMIF/8/02 and enables us to set ourselves the goal of monitoring
a total of 120 return operations over the course
of three years.
Success of our recommendations
―― Foreign nationals placed in facilities for detention
of foreigners received access to computers with
applications for online communication. The Refugee
Facilities Administration also expanded the range of
accessible Internet domains. This enables the foreigners to stay in regular contact with their close
ones and arrange matters associated with their departure from the Czech Republic.
―― We have repeatedly witnessed situations where
the foreigners being deported received no food and
drink from early morning’s breakfast to late afternoon. Based on our recommendation, the Prison
Service started distributing food packages.
―― We have found a lack of co-ordinated practice in
conducting body searches of the foreigners placed
in remand prisons prior their deportation. There
was a lack of clarity as to who should conduct the
search – an employee of the Prison Service or an
escorting police officer. Based on our recommendation, a meeting was held between representatives of both institutions to agree on a common
practice in order to minimise the interference with
the privacy of the searched persons. In future, only
one search will be conducted (as opposed to two
body searches under the current practice) by an
employee of the Prison Service in the presence of
the escorting police officers. We have also successfully recommended that the search adhere to CPT
standards, i.e. by enabling the person to remove
clothing above the waist and get dressed before
removing further clothing below the waist.
―― We encountered a problem during an examination
by a physician. After an examination of a foreigner who was to be deported by air, the physician
did not issue any certificate of medical fitness,
even though the person had health problems. The
Healthcare Facility of the Ministry of the Interior
then adopted suitable remedial measures based on
our recommendation.
―― We have found a case where a foreigner was not
allowed to access legal advice while being placed
in a strict-regime unit of a facility for detention
of foreigners. The Directorate of the Immigration
Police had originally referred to Section 144 (4)
of the Foreigners’ Residence Act and claimed that
a meeting with a lawyer would have had to be
monitored by police officers. The aforementioned
provision enables such an interpretation, but this
is hardly in line with the lawmaker’s intention, and
comparison with other legal provisions on restriction of personal freedom as well as the case law
of the Constitutional Court indicate that meetings
with legal counsel must always take place in private, without the presence of third parties. The
police have accepted this interpretation, but the
aforementioned provision should be amended to
remove ambiguities.
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