Правна библиотека и анализ на дела · Австрия · Белгия · Европейски съюз
LAWxPERT Вход Безплатен акаунт

S.L. 420.6 · Reception Of Asylum Seekers (S.L. 420.6)

S.L. 420.6 чл. 6ADetention facilities.

PART II

В силаОфициален текст

(1) Whenever an applicant is detained in accordance with regulation 6, he shall be detained in a specialised detention facility, which facility shall not be utilised as a place of detention for sentenced persons. In the eventuality that an applicant has to be detained in a facility for the detention of sentenced persons he shall be kept separate from inmates who are not detained pursuant to regulation 6 and the detention conditions provided for in these regulations shall apply:

Provided that minors shall never be detained in a facility utilised as a place of detention for sentenced persons.

(2) Applicants detained in a specialised detention facility in accordance with sub-regulation (1) shall, insofar as possible, be kept separate from third-country nationals who have not filed an application for international protection.

(3) Applicants in detention shall have access to open-air spaces.

(4) Representatives of the United Nations High Commissioner for Refugees (UNHCR) shall be given the possibility to communicate with and to visit applicants in detention in conditions that respect privacy.

(5) Legal advisers, counsellors, representatives of relevant non-governmental organisations and family members of detainees shall be given the possibility to communicate with and visit applicants in detention in conditions that respect privacy, in accordance with rules and conditions that may be laid down in legislation regulating detention facilities: Provided that specialised detention facilities or facilities for the detention of sentenced persons may provide for limitations to access where necessary for purposes of administrative management or the upkeep of security and public order, as long as access is not severely restricted or rendered impossible.

(6) The management of specialised detention facilities or facilities for the detention of sentenced persons shall systematically provide to applicants in detention information concerning the rules of the facility, their rights and their obligations in a language in which they understand or are reasonably supposed to understand: Provided that temporary derogations under this regulation may be authorised only in duly justified cases and for a reasonably short period of time, in the event that the applicant is detained at a border post or in a transit zone: Provided further that these temporary derogations shall not apply in cases referred to in regulation 5A of the Procedural Standards for Granting and Withdrawing International Protection Regulations, insofar as this regulation transposes Article 43 of Directive 2013/32/ EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection.

(7) The management of specialised detention facilities or facilities for the detention of sentenced persons shall provide families in detention with separate accommodation guaranteeing adequate privacy.

(8) The management of specialised detention facilities or facilities for the detention of sentenced persons shall ensure that female applicants in detention are accommodated separately from male applicants, unless the male applicants are family members and all applicants concerned give their consent to being accommodated together.

(9) Notwithstanding sub-regulations (7) and (8), the management of specialised detention facilities or facilities for the detention of sentenced persons may designate common spaces for recreational or social activities, including the provision of meals for male and female applicants who are not part of a family unit in detention.

История на изменения
  • Amended by L.N. 2 of 2023