Prieglobsčio prašytojų sulaikymo pagrindai Lietuvos Respublikoje

Abstract

While detaining asylum seekers account should be taken of the fact that the grounds for detention are applicable not to those who have committed criminal offences but to persons who often escape from their own country because their lives are in danger. Therefore, international and EU human rights instruments establish a general principle that asylum seekers should normally not be detained. Asylum seekers could be detained only in exceptional circumstances, when such a detention is necessary. Grounds for detention of asylum seekers should be interpreted narrowly. In Lithuania the detention of asylum seekers was regulated separately from the detention of foreigners until 29 April 2004. Grounds and procedures for the detention of asylum seekers were in compliance  with relevant human rights standards, while foreigners were not provided sufficient safeguards against their detention. In the Lithuanian Law of 29 April 2004 „On Legal Status of Foreigners“ detention of asylum seekers and foreigners is regulated by the same provisions, which have merged. Grounds for detention are the following: prevention of illegal entry; illegal entry or illegal stay; non–admission; suspicion of forged documents being used; deportation; prevention of spreading of dangerous infectious diseases; danger to national security, public order or health. Additionally, the Lithuanian Law lists the following exemplary circumstances, which courts should take into account while issuing the decision not to detain: established identity, no danger to national security and public order, cooperation with court, etc. Such a regulation could be in violation of human rights requirements if, while interpreting grounds for the detention of asylum seekers, their specific situation was not taken into account. The article examines the grounds for detention, established in the Lithuanian Law of 29 April 2004 „On Legal Status of Foreigners“, their application practice in the cases of asylum seekers and their compatibility with international and EU legal requirements. Substantial attention is paid to the European Court of Human Rights case law in this field. On the other hand, the cases from the Lithuanian court practice, which could be in violation of ECHR, and the cases, which could represent a good practice, are examined. Finally, the conclusions propose the ways of systematic interpretation of the Lithuanian Law, taking into account international and EU legal safeguards against the detention of asylum seekers. It is also noted that some legislative amendments would also be useful in order to ensure a suitable judicial practice in this field.