Prieglobsčio prašytojų sulaikymas tarptautinėje teisėje ir valstybių praktikoje

Abstract

States frequently resort to detention of asylum seekers. Sometimes, disputes arise as to whether the application of certain measures amounts to the deprivation of liberty of asylum seekers and whether these are lawful. Given that asylum seekers in most cases have not committed any criminal activity, their detention for immigration reasons should be avoided. When states indeed apply detention, they should be guided by the specific requirements that make detention of asylum seekers qualitatively different from that of administrative detention of other foreigners or detention for criminal activities. The article analyses these specific requirements in the broader framework of the main issues related to detention of asylum seekers: definition of detention, requirements for lawful detention, grounds and time limits of detention, procedural detention guarantees, requirements for conditions of detention and specific cases, like detention of minors and detention at airports. The analysis of these specific requirements is mainly based on provisions of international and regional human rights instruments, as well as institutional practice. Substantial attention is devoted to the practice of European states in this field.