Romania
LOCATIONS OF DETENTION

Map of open centres and closed detention centres in Romania


NATIONAL LEGISLATION

Romanian national asylum law (288.91 KB)

In Romania, asylum seekers are not detained for the sole reason that they applied for asylum. However asylum seekers can be detained under certain conditions.

Law no. 122/2006 regulates the protection regime for asylum seekers and for refugees. The law transposes

  • Council Directive 2001/55/EC, "Mass Influx Directive"
  • Council Directive 2003/9/EC, "Reception Conditions Directive"
  • Council Directive 2003/86/EC, "Family Reunification Directive"
  • Council Directive 2004/83/EC, "Qualifications Directive"
'Detention' has a different meaning from a legal point of view and is used only in specific conditions.

  • Detention is a term used in penal cases and in cases of criminal penalty involving deprivation of liberty.
  • Public custody is not a criminal penalty.
According to Romanian law, public custody is an administrative measure, temporarily issued to restrict freedom of movement within the Romanian territory. The order is issued by judge towards third country nationals who could not be removed under guard in the period stipulated by law, and also to third country nationals declared as undesirable or convicted with expulsion (for criminal offenses).

  • Detention: Used in penal cases; for the deprivation of liberty; takes place in detention centres (prisons) for convicted criminals
  • Public custody: Used in administrative cases; a temporary measure to restrict freedom of movement within the Romanian territory; takes place in accommodation centres for foreigners taken into public custody
Whereas other Member States use the terms "detained" / "detainees", in Romania the terms "person(s) taken into public custody" are used instead.


LEGAL GROUNDS FOR DETENTION

There are two closed detention centres in Romania, located near the cities of Bucharest and Arad (see map)

The asylum seeker cannot be expelled, extradited or forcibly returned from the border or from Romanian territory, except for the cases mentioned in Article 44 of Law no. 535/2004 regarding the prevention and fight against terrorism (art. 6 (1) of the Asylum law). The asylum seeker could be taken in detention according to the provisions stipulated by the Law for Foreigners. (art. 75 (1) of the Methodological Norms for the application of the Asylum law).

For justified reasons of public interest, national security, order, health and public morals, protection of the rights and freedom of other people – even if the foreigner has the material means necessary for subsistence – the Romanian Immigration Office can establish a place of residency and can arrange transportation with a companion to that place for the entire duration of the asylum procedure, at the request of the qualified authorities (art. 17 (6) of the Asylum law).

Foreigners (including asylum seekers) may be declared 'undesirable' if they conducted, or are currently conducting, or if there are reasonable doubts that they intend to conduct, activities through which they could endanger the national security or the public order (art. 85 (1) of the Law of Foreigners). Detention within the context of expulsion may be used for a third country national who has committed a crime on the Romanian territory (art. 94 (1) of the Law of Foreigners).


REMOVAL

Removal under escort is done for the following categories of foreigners:

  • Those who did not voluntary leave the Romanian territory at the end of the time period afforded to them (foreigners who entered illegally, whose stay on the Romanian territory became illegal, whose visa or right to stay was cancelled or revoked, foreigners who were refused to extend the right of temporary stay, or whose right of permanent stay was ceased, former asylum seekers)
  • Those who were declared 'undesirable'
  • Those who were issued an expulsion order (art. 87 (1) of the Law for Foreigners)


AIRPORT / TRANSIT ZONES

JRS-Romania's Legal Project includes visits to the Otopeni airport transit zone. However visits do not occur very often due to the fact that very few asylum cases are encountered in there. Within the asylum border procedure, the third country national who is requesting protection in Romania will remain in the transit area of the State border checkpoint until they are allowed entry into Romania, or, depending on the person's case, until the decision to manifestly reject the person's asylum application. In every case, the third country national cannot stay longer than 20 days from the time of entry into the transit/border area.


DETAINEES

JRS-Romania visits detention centres and meets with persons who, despite their order to be expelled, cannot be removed and are therefore kept in public custody (for a maximum of 2 years). Detainees from Otopeni or Arad may also have convictions for criminal offenses. Persons convicted for criminal offenses serve their sentences in prisons, and afterwards they are transferred to public custody because of their inability to be returned.


INFORMATION FOR DETAINEES ABOUT DETENTION

Foreigners in detention centres have the right to legal assistance and have the right to be informed immediately after they are detained, in a language that they understand, about the principal reasons for being in detention and their rights and obligations within the detention centres. This information must be communicated in verbal and written form. During the remainder of their detention, foreigners have the right to communicate with relevant diplomatic and consular authorities.


DURATION OF DETENTION

Within the border procedure, asylum seekers can not be detained for longer than 20 days from the time of entry into the transit area. Foreigners taken in detention (including, at times, asylum seekers) cannot be detained for longer than 6 months. For foreigners who are given an expulsion order following a criminal conviction, detention cannot be for longer than two years. Exception: persons declared as undesirable for a period of 5 to 15 years, can be held in detention for an undetermined period of time. Also the term for which they are declared undesirable can be renewed with a new period of 5-15 years which means that also a period of detention is prolonged. If the person is no longer undesirable he/she will be released. Even persons with a form of protection, if declared undesirable, will be detained.


HEALTH CARE IN DETENTION

On arrival to the Romanian territory, each asylum seeker must undergo a medical examination. They have the right to receive free primary medical aid and emergency hospital aid, as well as medical aid and free treatment for cases of acute or chronic illnesses that imminently endanger one’s life. Asylum seekers with special needs have the right to receive adequate medical aid. Asylum seekers that have special needs must benefit from adaptations to their accommodation, and assistance to address their special needs in the accommodation centres (art. 17 and 18 of the Asylum law).


VISITS IN DETENTION

Asylum seekers accommodated in open centres can receive visits from UNHCR staff. They can also receive visits from NGO representatives who are officially recognised within the Romanian Immigration Office protocols for collaboration (art. 82 of the Methodological Norms for the application of the Asylum law). The Law for Foreigners does not stipulate visitation rights for persons in closed centres. Yet in practice, detainees do receive visits from family members, friends, lawyers, NGOs and UNHCR staff.


DOCUMENTATION

2010, JRS-Romania, "Irregular Migrants, Deprivation of Liberty and Restriction on Freedom of Movement: A Legal Compilation"

2009, UNHCR, "Being a Refugee: How Refugees and Asylum Seekers Experience Life in Central Europe" 



Last updated: 12/10/2010