What procedure must be followed in the case of detention in an immigration context?
You may be detained by the Police Officer/s of the Slovak Republic. You may be detained for the time as reasonably necessary, but for not more than six months. The police department is authorized to repeatedly extend the detention during this period, with the total time of detention not exceeding six months. If it may be anticipated that in spite of the necessary steps taken to execute the administrative expulsion, the execution will be prolonged due to poor cooperation of the third-country or due to a failure of the consulate to issue an emergency travel document within the period of time, the police department may decide, even repeatedly, to extend the period of detention, where the total period of extension may not exceed 12 months.
Vulnerable persons
The period of detention may not be extended in the case of a family with children or vulnerable people. A third-country national is detained as of the date of issue of the detention decision. If the police department fails to issue a decision on administrative expulsion within 48 hours of your detention, the police department shall immediately release you.
Minors with no statutory representative shall not be detained. Other vulnerable persons may be detained only in unavoidable cases and for as short period of time as possible.
Appeal
There is no appeal against the detention decision and against the decision on extending the detention period, according the Act on Residence of Foreigners. However, you may lodge requests and complaints with public authorities of the Slovak Republic, which shall be sent by the police department immediately.
The detention decision shall expire immediately upon your inclusion in the programme of support and protection of victims against trafficking in human beings of the Ministry of Interior.
What human rights violation may there be?
If lawful procedures were not followed during the detention process, it may result in the violation of the right to liberty and security of a person.