GN RA S RI N N AHB UL N P O I N T O F N O R EFTAUCRTNS H• ETEHTE: FT UH TE I LDEE TDEENT TE INOTNI OONF OMF I U R NE TT U E GMAIRGYR A N| T S1

FACTSHEET THE DETENTION OF MIGRANTS IN HUNGARY

Legal and practical framework The recent amendment of the Act II of 20071, enforced by the Government Decree 114/20072, entered into force on 1 July 2013, and it regulates the practice of detention under immigration laws or detention prior to expulsion of third country nationals (hereafter referred to collectively as “detention”.)3 The immigration authority4 may order detention in order to secure the enforcement of a deportation order. Detention can be ordered if the third-country national l

has obstructed the enforcement of expulsion;

l

has refused to leave the country, or, can reasonably be alleged to have been delaying or preventing the enforcement of deportation;

l

has failed to fulfil a duty to appear in front of the authorities; or

l

has been released from imprisonment, having been sentenced for a deliberate crime.

The immigration authority should take into account whether deportation can be carried out by confiscating travel documents or designating a compulsory place of confinement. It may order detention for a maximum duration of 72 hours, which can be extended by the court of jurisdiction relevant to the place of detention for a maximum 60 days (the maximum duration was 30 days before the amendment on 1 July in 2013 came into force.) 5 In practice, detention orders and their extensions by the court occur in an automatic way; they do not seem to be considered thoroughly.

Duration of detention Since 24 December 2012 the maximum six-month duration of detention can be further extended by six months, if the foreigner has failed to cooperate with the authorities, or when the procurement of the documents required for expulsion has been delayed by the procedures in the country of origin or return. In practice, detention is terminated after 11 months, so that it is possible to detain the foreigner for a further month immediately before expulsion. A new aliens policing procedure, based on new evidence (for example, revealing that the foreigner has given a false identity) can 1 Act II of 2007 On the Entry and Stay of Third-Country Nationals 2 Government Decree 114/2007 (V. 24.) On the Implementation of Act II of 2007 on the Admission and Right of Residence of Third-Country Nationals 3 Act II of 2007 provides for two types of migration-related detention: “detention prior expulsion”, in order to secure the conclusion of the immigration proceedings pending, if their identity or the legal grounds of their residence are not conclusively established (S. 55, Act II of 2007); and „detention under immigration laws”/“alien policing detention”, which can be ordered by the Alien Policing Directorate (APD) of the Office of Immigration and Nationality (OIN) to ensure the implementation of an expulsion order. (S. 54 (1), Act II of 2007). 4 Alien Policing Department of National Police and Alien Policing Directorate of the Office of Immigration and Nationality 5 S. 54. (1), (2), Act II of 2007

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FACTSHEET: THE DETENTION OF MIGRANTS IN HUNGARY

prolong the duration of detention, because the previously ordered detention is not included in the new order. It is therefore possible to detain a third-country national for more than one year.

Termination of detention A detention order under immigration laws is terminated6 l

when the conditions for carrying out the deportation are secured;

l

when it becomes evident that the deportation cannot be executed;

l

after 6 or 12 months from the date when ordered;

l

when the foreigner has the right of residence in Hungary due to international protection; or

l

when the foreigner is in asylum detention 7.

Complaints Third-country nationals may not apply for the suspension of proceedings for ordering their detention.8 They may lodge a complaint in the event of the immigration authority’s failure to comply with its obligations. The complaint is adjudged by the local court of jurisdiction according to the place of detention.

Children and families Detention can be ordered for third-country national families with minors for a maximum duration of 30 days.9 In this case, detention is ordered for the parents, the child is just treated as accompany accompanied dependent. Unaccompanied minors cannot be detained.10

Detention centres in Hungary There are four detention centres in Hungary: in Nyírbátor, Kiskunhalas, Győr, and at Police Directorate at International Airport in Budapest. The Police implements detention, and the security is provided by non-governmental armed security guards employed and supervised by the Police. In the spring of 2010, interim detention centres (altogether 13) had to be opened owing to the introduction of the detention of asylum-seekers. In this period, the total number of possible accommodations was 1057 (282 permanent, 775 temporary). In 2011 the centres with lower capacity were closed, but the constantly guarded temporary centres at Nyírbátor and Kiskunhalas continued operating. In April 2011 a temporary detention centre was opened in Békéscsaba, where women, married couples and families with minors were detained. Altogether there were 1003 bed-spaces in detention in 2011 and 2012 (381 permanent, 653 temporary). In 2013 the number of detainees, and also the capacity of Nyírbátor centre, decreased significantly because asylum-seekers ahad for the first time to be lodged in open reception centres. On 30 June 2013, there were altogether 156 permanent places in the four detention centres, which has gradually been expanded to 344 as of October 2013. Since 1 July 2013, “asylum detention” has been 6 S. 54 (6), Act II of 2007 7 “Asylum detention” was introduced by the new amendments to the the Act LXXX of 2007 on Asylum which entered into force on 1 July 2013 in Hungary. 8 S. 57. (2), Act II of 2007 9 S. 56. (3), Act II of 2007 10 S. 56. (2), Act II of 2007

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© UNHCR/B. Szandelszky

FACTSHEET: THE DETENTION OF MIGRANTS IN HUNGARY

A detention centre in Hungary

introduced into the refugee reception system. There are three asylum detention facilities with the capacity of 532 (at the end of October 2013), However, these centres are not discussed further in this document, as the people placed there are not subject to return orders.

Total capacity of detention centres Permanent detention centres

30 June 2012

30 June 2013.

Nyírbátor

169

61

Kiskunhalas (Mártírok street)

36

36

Győr

40

36

Police Directorate at International Airport, Budapest

27

23

Subtotal (permanent)

156

156

Nyírbátor

99

0

Kiskunhalas (Fazekas street)

102

0

Kiskunhalas (Kárpát street)

40

0

Békéscsaba

135

0

Subtotal (interim)

376

0

Overall total

532

156

Interim detention centres

Average number of detainees 2010

2011

2012

6 months to June 2013

471

391

406

109

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FACTSHEET: THE DETENTION OF MIGRANTS IN HUNGARY

In detention centres, detainees live in cells with bars on the windows. The number of foreigners living in one cell differs in each centre (varying from two to nine people). In accordance with the regulation on detention centres, the cell doors are closed at night. In some centres inmates can move freely inside their quarters during the daytime (except during the lunchtime of the armed security guards). Fences surround these quarters, and passage between quarters is impossible. The fixed hours for going to the bathroom, having meals and free-time activities are set by a schedule. Detainees are permitted only one hour getting fresh air in a small yard surrounded by NATO barbed wire fences. Every site has rooms for praying and smoking, and a constant medical service is provided. Special medical treatment is available from local medical services. Detainees can access these services, escorted by police, on the recommendation of the centre’s doctor.

Legal representation The Hungarian Helsinki Committee provides free legal assistance and legal representation to detainees in every detention centre for several hours a day. Detainees also have the right to hire a legal representative at their own expense. It is impossible to be released on bail from detention.

Psychosocial assistance

© UNHCR/B. Szandelszky

Menedék – Hungarian Association for Migrants employs social workers providing individual and community social work as well as psychologists at every detention facility. Although their services, provided under a joint project between the National Police Department and Menedék are funded by European Return Fund, Menedék’s professionals have full autonomy in their work as non-governmental employees. Social caseworkers try to speed up legal procedures and shorten the duration of detention by representing the detainees, and mediating between them and immigration authorities, the Hungarian Helsinki Committee, and other international and non-governmental organizations and services. Psychologists try to ease the psychological and mental effect of being A detention centre in Hungary detained. Community social workers organize free-time activities, such as cultural and sport programs, and lead creative art or practical activities for detainees in order to give them some productive ways to spend their time and reduce their tension.

Cultural and free time activities In every detention centre detainees can use the internet in accordance with their schedule, for several hours a day. The duration and frequency of the access to Internet depend on the current number of detainees. In the detention centres there is some simple gym equipment, and it is also possible to watch

FACTSHEET: THE DETENTION OF MIGRANTS IN HUNGARY

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TV or movies, read newspapers, magazines, or books, and to spend free time playing games, such as table tennis or table football.

Profile of detainees In 2012 there were 69 different nationalities represented in detention centres, in the first half of 2013 there were 54. In the last three and a half years the most common citizenships were Kosovar, Afghan, and Pakistani. Altogether these nationalities represent more than 50% of the total number of people in detention.

Nationalities of detainees 2010 Nationality

2011

No. in detention

% of all in detention

Kosovo

811

19%

Afghan

713

Palestinian

Nationality

No. in detention

% of all in detention

Afghan

1032

20%

16%

Kosovo

1006

20%

691

16%

Pakistani

708

14%

Serbian

249

6%

Serbian

311

6%

Algerian

205

5%

Algerian

194

4%

Moroccan

180

4%

Turkish

184

4%

2012 Nationality

2013 (January–June)

No. in detention

% of all in detention

Kosovo

1900

32%

Afghan

1373

Pakistani

Nationality

No. in detention

% of all in detention

Kosovo

561

45%

23%

Afghan

132

11%

918

16%

Serbian

102

8%

Serbian

242

4%

Eritrean

71

6%

Algerian

217

4%

Pakistani

52

4%

Moroccan

125

2%

Algerian

44

4%

In 2010, 97% of the detainees were men. In 2011 and 2012 94%, and in the first part of 2013 92% were men.

This factsheet is published as a supplement to the report Point of no Return: the futile detention of unreturnable migrants and can be downloaded at www.pointofnoreturn.eu It is a result of a collaboration between Flemish Refugee Action (Belgium), Detention Action (UK), France terre d’asile (France), Menedék – Hungarian Association for Migrants, and The European Council on Refugees and Exiles (ECRE). Editor: Els Keytsman, Kruidtuinstraat 75, 1210 Brussels. Vluchtelingenwerk Vlaanderen vzw (Flemish Refugee Action) Design: Louis Mackay/ www.louismackaydesign.co.uk Published: January 2014 Supported by the European Programme for integration and and Migration (EPIM), a collaborative initiative of the Network of European Foundations (NEF). Disclaimer: the sole responsibility for the content lies with the authors. The content may not necessarily reflect the positions of NEF, EPIM or the Partner Foundations.