accelerated manner with less procedural safeguards.254 In
France and Italy a special procedure for applications from
detention has been set up which is different from the
regular procedure and offers less guarantees.255
Requests for international protection submitted from
detention facilities do normally not entitle the applicant
to be released, although there are exceptions, such as, for
example, in Romania, where a first application for asylum
ceases the detention, except if deprivation of liberty is
deemed necessary for public order and national security.
Subsequent applications lead to release after a positive
admissibility decision.256
254 See, for example, Czech Republic, Section 16/2 Asylum Act; Greece,
Presidential Decree 90/2008, Article 17.3.
255 Article L.741-4 of the French CESEDA, aliens are entitled to apply only
within 5 days from their detention and written notification of their rights.
Applications have to be submitted in French and the applicant is not
entitled to the service of a translator free of charge. In Italy applications
from detention are considered on a priority basis and stricter deadlines
apply: 7 days for the interview 2 days for decision, as compared to
30 days and 3 days in the normal procedure (see Articles 27 and 28
Legislative Decree n. 25 of 28/01/2008 as modified by Legislative Decree
n. 159 3/10/2008).
256 Emergency Ordinance, Article 97(7).
FRA Opinion
Information on asylum should be readily available
in detention facilities. EU Member States should
allow NGOs and those who provide legal advice
access to detention facilities and the possibility to
provide counselling. Where immediate release upon
submission of a request for international protection
is not envisaged, the applicant should be released as
soon as the claim is neither considered inadmissible
nor abusive or manifestly unfounded.
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