Detention of irregular migrants Detention of irregular migrants – Polish practice– Polish practice

Polish Border Guard Polish Border Guard HeadquartersHeadquarters

Aliens DepartmentAliens DepartmentThe project is co-financed by European Return Fund and Estonian Ministry of Interior

LEGAL BASES OF DETENTIONLEGAL BASES OF DETENTION

• 1. Risk of escape of the foreigner who is a subject of deportation procedure1. Risk of escape of the foreigner who is a subject of deportation procedure• 2. He's been issued a decision on removal2. He's been issued a decision on removal• 3. He's been issued a decision on obligation to leave Poland and did not fulfill it3. He's been issued a decision on obligation to leave Poland and did not fulfill it• 44. Crossed/tried to cross the border illegally. Crossed/tried to cross the border illegally

• A.d. 1 A.d. 1

- declaring not to obey obligations stated by decision on removaldeclaring not to obey obligations stated by decision on removal- lack of identity documents after illegal border crossinglack of identity documents after illegal border crossing- entry during duration of an entry banentry during duration of an entry ban

LEGAL BASES OF DETENTIONLEGAL BASES OF DETENTION

General rule - asylum seekers are not detainedGeneral rule - asylum seekers are not detained

Possible exceptions:Possible exceptions:

asylum seeker shall be detained if he/she:asylum seeker shall be detained if he/she:

• - crossed the border illegally- crossed the border illegally

• - posses no documents confirming his identity- posses no documents confirming his identity

• - behaves dangerously or states a threat for public health/order- behaves dangerously or states a threat for public health/order

Krosno Odrzańskie

60

Przemyśl 173

(138/35)

Biała Podlaska

152

Białystok 151

(136/15)

Kętrzyn 131

Lesznowola 23

Guarded centre

Arrest

After apprehension waiting for travel After apprehension waiting for travel to a guarded centre or to an expulsion arrestto a guarded centre or to an expulsion arrest

Guarded centres for aliens Guarded centres for aliens in Polandin Poland

• Guarded Centre for AliensGuarded Centre for Aliensin Lesznowolain Lesznowola 23 places23 places

(opened in 1998, since 1st Sept (opened in 1998, since 1st Sept 2008 2008 in Border Guard structure)in Border Guard structure)

• Guarded Centre for AliensGuarded Centre for Aliensin Przemyśl in Przemyśl 173 places173 places

(opened 1st November 2007)(opened 1st November 2007)• Guarded Centre for Aliens Guarded Centre for Aliens

in Biała Podlaskain Biała Podlaska 152 places152 places(opened 30th January 2008) (opened 30th January 2008)

• Guarded Centre for AliensGuarded Centre for Aliens in Białystokin Białystok 151 places 151 places

(opened 15th February 2008)(opened 15th February 2008)• Guarded Centre for AliensGuarded Centre for Aliens

in Kętrzyn in Kętrzyn 131 places131 places(opened 15th May 2008)(opened 15th May 2008)

• Guarded Centre for AliensGuarded Centre for Aliensin Krosno Odrzańskiein Krosno Odrzańskie 60 places60 places

(opened 1st January 2009)(opened 1st January 2009)

TOTAL: TOTAL: 690 PLACES690 PLACES

The Guarded Centre for Aliens The Guarded Centre for Aliens in Przemyślin Przemyśl

The Guarded Centre for AliensThe Guarded Centre for Aliensin Lesznowolain Lesznowola

The Guarded Centre for Aliens The Guarded Centre for Aliens in Przemyślin Przemyśl

The differences between a guarded centreThe differences between a guarded centreand an expulsion arrest according and an expulsion arrest according

to the Regulation of Minister of Interior and Administration to the Regulation of Minister of Interior and Administration

Guarded Centre:Guarded Centre:• Room for an officer on dutyRoom for an officer on duty• SurgerySurgery• Isolation wardIsolation ward• Visit roomVisit room• Kitchen (cooking or serving Kitchen (cooking or serving

catering food)catering food)• Stock rooms, decontamination Stock rooms, decontamination

room, drying roomroom, drying room• Rooms for aliensRooms for aliens• Rooms for minorsRooms for minors• LibraryLibrary• Day roomDay room• Room for religious practisesRoom for religious practises• Shower rooms, laundry room if Shower rooms, laundry room if

necessary necessary • ToiletsToilets• Sports and recreation yard with Sports and recreation yard with

playground for childrenplayground for children

Expulsion Arrest:Expulsion Arrest:• Room for an officer on dutyRoom for an officer on duty• SurgerySurgery• Isolation wardIsolation ward• Visit roomVisit room• Kitchen (serving catering food)Kitchen (serving catering food)

• Stock rooms for aliens’ personal Stock rooms for aliens’ personal belongingsbelongings

• Cell roomsCell rooms• --• --• --• --• --• Shower roomsShower rooms• ToiletsToilets• Prison yardPrison yard

Rooms for aliens in the Guarded Centre for AliensRooms for aliens in the Guarded Centre for Aliens

in Przemyślin Przemyśl

Isolation ward in the Guarded Centre for AliensIsolation ward in the Guarded Centre for Aliens

in Przemyślin Przemyśl

The Guarded Centre for Aliens in Przemyśl (library)The Guarded Centre for Aliens in Przemyśl (library)

Sports and recreation yard with playground for children in the Sports and recreation yard with playground for children in the Guarded Centre for Aliens in Przemyśl Guarded Centre for Aliens in Przemyśl

(I)(I)

Sports and recreation yard with playground for children in the Sports and recreation yard with playground for children in the Guarded Centre for Aliens in Przemyśl Guarded Centre for Aliens in Przemyśl

(II)(II)

The Guarded Centre for Aliens in Przemyśl The Guarded Centre for Aliens in Przemyśl (room for religious practises)(room for religious practises)

The Guarded Centre for Aliens in Przemyśl (day room) The Guarded Centre for Aliens in Przemyśl (day room) (I)(I)

The Guarded Centre for Aliens in Przemyśl (day room)The Guarded Centre for Aliens in Przemyśl (day room)(II)(II)

The Guarded Centre for Aliens in Przemyśl (day room)The Guarded Centre for Aliens in Przemyśl (day room)(III)(III)

The Guarded Centre for AliensThe Guarded Centre for Aliensin Lesznowola (kitchen)in Lesznowola (kitchen)

The Guarded Centre for Aliens in Przemyśl The Guarded Centre for Aliens in Przemyśl (shower rooms)(shower rooms)

Conditions Conditions - generally -- generally -

• Lighting in ceilling, additionally protected by wire Lighting in ceilling, additionally protected by wire nettingnetting

• Pivoting windows, bars outside the windowsPivoting windows, bars outside the windows• Radiators Radiators • VentilationVentilation• At least 3 mAt least 3 m22 for a man, 4 m for a man, 4 m22 for a woman and a minor for a woman and a minor• Beds, bedside tables, tables and stools Lavatories, Beds, bedside tables, tables and stools Lavatories,

shower rooms on every levelshower rooms on every level• An available cardphoneAn available cardphone

Security systemSecurity system• 3 m high outside fence with barbed wire, 3 m wide lit 3 m high outside fence with barbed wire, 3 m wide lit

protective zone, 2 m high inside fence with barbed wireprotective zone, 2 m high inside fence with barbed wire• Additionally video surveilance of: fences, corridors, Additionally video surveilance of: fences, corridors,

administrative rooms, utility rooms, public roomsadministrative rooms, utility rooms, public rooms• Entry and exit go through the two gates Entry and exit go through the two gates • Alarm system – alarm buttons in duty room, on corridor’s Alarm system – alarm buttons in duty room, on corridor’s

walls, in surgery, in visit room, in kitchen, in shower rooms walls, in surgery, in visit room, in kitchen, in shower rooms and lavatoriesand lavatories

Additionally in the expulsion arrestAdditionally in the expulsion arrest

• Entries and exits protected by bars and solid doors with Entries and exits protected by bars and solid doors with certificated lockcertificated lock

• Solid cell doors that can be open outwards, with peephole, two Solid cell doors that can be open outwards, with peephole, two bolts, certificated lock and safety chainbolts, certificated lock and safety chain

• Equipment fixed to the floor in cells roomsEquipment fixed to the floor in cells rooms• Alarm buttons in cell roomsAlarm buttons in cell rooms

The Guarded Centre for Aliens in Przemyśl The Guarded Centre for Aliens in Przemyśl (entry gate - outside viwe)(entry gate - outside viwe)

The Guarded Centre for Aliens in Przemyśl The Guarded Centre for Aliens in Przemyśl (entry gate – inside view)(entry gate – inside view)

The Guarded Centre for Aliens in Przemyśl The Guarded Centre for Aliens in Przemyśl (entry gate – outside view)(entry gate – outside view)

The Guarded Centre for AliensThe Guarded Centre for Aliensin Lesznowolain Lesznowola

The Guarded Centre for Aliens in Przemyśl The Guarded Centre for Aliens in Przemyśl (video surveilance of fences)(video surveilance of fences)

The Guarded Centre for Aliens in Przemyśl (rooms for an officer on duty)The Guarded Centre for Aliens in Przemyśl (rooms for an officer on duty)(I)(I)

The Guarded Centre for Aliens in Przemyśl (rooms for an officer on duty)The Guarded Centre for Aliens in Przemyśl (rooms for an officer on duty)(II)(II)

Alarm system Alarm system

– alarm buttons in duty room, on corridor’s walls, in surgery, in visit room, in – alarm buttons in duty room, on corridor’s walls, in surgery, in visit room, in kitchen, in shower rooms and lavatorieskitchen, in shower rooms and lavatories

The expulsion arrests The expulsion arrests

entries and exits protected by bars and solid doors with certificated lockentries and exits protected by bars and solid doors with certificated lock

The expulsion arrests The expulsion arrests

solid cell doors that can be open outwards, with peephole, two bolts, solid cell doors that can be open outwards, with peephole, two bolts, certificated lock and safety chaincertificated lock and safety chain

Aliens’ duties:Aliens’ duties:

• To obey the regulations of the detention cetreTo obey the regulations of the detention cetre• To carry out orders given by an officer on dutyTo carry out orders given by an officer on duty• To keep quiet from 22 to 6 o’clock (on Sunday To keep quiet from 22 to 6 o’clock (on Sunday

to 7)to 7)• To obey the rules of social lifeTo obey the rules of social life• To care for hygiene and keep cleannessTo care for hygiene and keep cleanness• To use equipment in a proper wayTo use equipment in a proper way• To inform immidiately about any illness or any To inform immidiately about any illness or any

other dangerous situationother dangerous situation

Aliens’ rights:Aliens’ rights:• The right to contact the Polish administrative authorities, The right to contact the Polish administrative authorities,

Polish and international non-government organisations, Polish and international non-government organisations, diplomatic missionsdiplomatic missions

• The right to be visited by close relatives (if permission is given The right to be visited by close relatives (if permission is given by BG or the Police)by BG or the Police)

• The right to medical helpThe right to medical help• The right to quiet hours (22.00 – 6.00; in holidays until 7.00)The right to quiet hours (22.00 – 6.00; in holidays until 7.00)• The right to one hour walk outside the building (in arrests)The right to one hour walk outside the building (in arrests)• The right to keep the contact with other aliens in the detention The right to keep the contact with other aliens in the detention

centrecentre• The right to use equipment in the day roomThe right to use equipment in the day room• The right to religious practisesThe right to religious practises• The right to buy newspapers, books, food articles, personal The right to buy newspapers, books, food articles, personal

belongingsbelongings• The right to smoke and buy cigarettes (in pointed places)The right to smoke and buy cigarettes (in pointed places)• The right to receive post packages and to correspondenceThe right to receive post packages and to correspondence• The right to submit requests, complaints and demandsThe right to submit requests, complaints and demands

Medical treatment

• The alien admitted to a guarded centre or an expulsion arrest is without delay medical examined and if it is necessary he/she is exposed to sanitary treatment

• The costs of medical treatment are reimbursed from national budget (from the part of Minister of Interior)

• The alien has a right to medical care and to stay in medical facility if necessary

Medical treatment

• The pregnant woman may stay in an expulsion arrest up to the 7th month of pregnancy, then she must be placed in a guarded centre

• In the case, there is a threat to life or health the alien may not be put in any detention centre, and if he/she stayes in such a centre, he/she must be released

Thank you for your attentionThank you for your attention

szymon.grygiel@strazgraniczna.plszymon.grygiel@strazgraniczna.pl