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Detention of irregular migrants – Polish practice

Detention of irregular migrants – Polish practice. Polish Border Guard Headquarters Aliens Department. The project is co-financed by European Return Fund and Estonian Ministry of Interior. LEGAL BASES OF DETENTION.

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Detention of irregular migrants – Polish practice

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  1. Detention of irregularmigrants – Polishpractice PolishBorderGuardHeadquarters Aliens Department The project is co-financed by European Return Fund and Estonian Ministry of Interior

  2. LEGAL BASES OF DETENTION 1. Risk of escape of the foreigner who is a subject of deportation procedure 2. He's been issued a decision on removal 3. He's been issued a decision on obligation to leave Poland and did not fulfill it 4. Crossed/tried to cross the border illegally A.d. 1 declaring not to obeyobligationsstated by decision on removal lack of identitydocumentsafterillegalbordercrossing entryduringduration of an entryban

  3. LEGAL BASES OF DETENTION General rule - asylumseekersare not detained Possibleexceptions: asylumseekershall be detainedifhe/she: - crossedtheborderillegally - posses no documentsconfirming his identity - behavesdangerouslyorstates a threat for public health/order

  4. Kętrzyn 131 Białystok 151 (136/15) Krosno Odrzańskie 60 Lesznowola 23 Biała Podlaska 152 Guarded centre Przemyśl 173 (138/35) Arrest

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

  6. Guarded centres for aliens in Poland Guarded Centre for Aliens in Lesznowola 23places (openedin 1998, since 1st Sept 2008 inBorderGuardstructure) Guarded Centre for Aliens in Przemyśl 173 places (opened 1st November 2007) Guarded Centre for Aliens in Biała Podlaska 152 places (opened 30th January 2008) Guarded Centre for Aliens in Białystok 151 places (opened 15th February 2008) Guarded Centre for Aliens in Kętrzyn 131 places (opened 15th May 2008) Guarded Centre for Aliens in Krosno Odrzańskie 60 places (opened 1st January 2009) TOTAL: 690 PLACES

  7. The Guarded Centre for Aliens in Przemyśl

  8. The Guarded Centre for Aliensin Lesznowola

  9. The Guarded Centre for Aliens in Przemyśl

  10. The differences between a guarded centreand an expulsion arrest according to the Regulation of Minister of Interior and Administration Guarded Centre: Room for an officer on duty Surgery Isolation ward Visit room Kitchen (cooking or serving catering food) Stock rooms, decontamination room, drying room Rooms for aliens Rooms for minors Library Day room Room for religious practises Shower rooms, laundry room if necessary Toilets Sports and recreation yard with playground for children Expulsion Arrest: Room for an officer on duty Surgery Isolation ward Visit room Kitchen (serving catering food) Stock rooms for aliens’ personal belongings Cell rooms - - - - - Shower rooms Toilets Prison yard

  11. Rooms for aliens in the Guarded Centre for Aliensin Przemyśl

  12. Isolation ward in the Guarded Centre for Aliensin Przemyśl

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

  14. Sports and recreation yard with playground for children in the Guarded Centre for Aliens in Przemyśl (I)

  15. Sports and recreation yard with playground for children in the Guarded Centre for Aliens in Przemyśl (II)

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

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

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

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

  20. The Guarded Centre for Aliensin Lesznowola (kitchen)

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

  22. Conditions- generally - Lighting inceilling, additionallyprotected by wirenetting Pivotingwindows, barsoutsidethewindows Radiators Ventilation Atleast 3 m2 for a man, 4 m2 for a woman and a minor Beds, bedsidetables, tables and stoolsLavatories, showerrooms on everylevel An availablecardphone

  23. Security system 3 m high outside fence with barbed wire, 3 m wide lit protective zone, 2 m high inside fence with barbed wire Additionally video surveilance of: fences, corridors, administrative rooms, utility rooms, public rooms Entry and exit go through the two gates Alarm system – alarm buttons in duty room, on corridor’s walls, in surgery, in visit room, in kitchen, in shower rooms and lavatories Additionally in the expulsion arrest Entries and exits protected by bars and solid doors with certificated lock Solid cell doors that can be open outwards, with peephole, two bolts, certificated lock and safety chain Equipment fixed to the floor in cells rooms Alarm buttons in cell rooms

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

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

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

  27. The Guarded Centre for Aliensin Lesznowola

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

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

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

  31. Alarm system – alarm buttons in duty room, on corridor’s walls, in surgery, in visit room, in kitchen, in shower rooms and lavatories

  32. The expulsion arrests entries and exits protected by bars and solid doors with certificated lock

  33. The expulsion arrests solid cell doors that can be open outwards, with peephole, two bolts, certificated lock and safety chain

  34. Aliens’ duties: To obeytheregulations of thedetentioncetre To carry out ordersgiven by an officer on duty To keepquietfrom 22 to 6 o’clock (on Sunday to 7) To obeytherules of social life To care for hygiene and keepcleanness To useequipmentin a properway To informimmidiatelyaboutanyillnessoranyotherdangeroussituation

  35. Aliens’ rights: Theright to contactthePolishadministrativeauthorities, Polish and international non-governmentorganisations, diplomaticmissions Theright to be visited by closerelatives (ifpermissionisgiven by BG orthe Police) Theright to medical help Theright to quiethours (22.00 – 6.00; inholidaysuntil 7.00) Theright to one hour walk outsidethebuilding(in arrests) Theright to keepthecontactwithotheraliensinthedetentioncentre Theright to useequipmentinthedayroom Theright to religiouspractises Theright to buy newspapers, books, foodarticles, personalbelongings Theright to smoke and buy cigarettes(in pointedplaces) Theright to receive post packages and to correspondence Theright to submitrequests, complaints and demands

  36. 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

  37. 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

  38. Thankyou for yourattentionszymon.grygiel@strazgraniczna.pl

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