PUBLIC CUSTODY OF ALIENS : LEGAL ASPECTS RIGHTS AND OBLIGATIONS OF ALIENS TAKEN INTO PUBLIC CUSTODY.

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Presentation transcript:

PUBLIC CUSTODY OF ALIENS : LEGAL ASPECTS RIGHTS AND OBLIGATIONS OF ALIENS TAKEN INTO PUBLIC CUSTODY

DEFINITION AND LEGAL FRAMEWORK LEGAL ASPECTS RECEPTION PROCEDURE RIGHTS AND OBLIGATIONS OF ALIENS SANCTIONS AND LIMITATION OF RIGHTS PUBLIC CUSTODY OF ALIENS CONTENT

DEFINITION: Measure of restraining the freedom of movement decided by a magistrate against an alien who could not be returned or expelled within a certain term, as well as against an alien declared undesirable or against whom the court took the measure of expulsion. LEGAL FRAMEWORK: 1. Emergency Ordinance 194/2002, republished, on the aliens’ regime in Romania regime in Romania 2. Law 482/2004 on the amendment of EO 194/ Regulation on organization and function of centers for aliens taken into public custody/2003 into public custody/2003 PUBLIC CUSTODY OF ALIENS DEFINITION AND LEGAL FRAMEWORK

Category of aliens Initial custody period Responsible institution for taking the measure Maximum custody period Responsible institution for extension Persons to be returned max. 30 days Prosecutor 6 months Territorial Appeal Court Persons declared undesirable max. 30 days Prosecutor until the removal Territorial Appeal Court Persons convicted with expulsion until the enforcement of expulsion Court/Appeal Court -- PUBLIC CUSTODY OF ALIENS LEGAL ASPECTS

A PUBLIC CUSTODY OF ALIENS LEGAL ASPECTS Personal File Identity and other checks Interview prior to return Removal decision Custody order Negative decision on custody Order to leave the country

PUBLIC CUSTODY OF ALIENS LEGAL ASPECTS Tolerated status after 6 months after 30 days Custody extension at any time Negative decision on custody extension

1. Transfer of the alien 2. Luggage and body check 3. Medical examination 4. Fingerprinting 5. Provide information 6. Issuance of ID certificate PUBLIC CUSTODY OF ALIENS RECEPTION PROCEDURE

RIGHTS 1. COMMUNICATION AND INFORMATION 2. LEGAL COUNSELLING 3. VISITS 4. BASIC NEEDS 5. HEALTH CARE 6. RELIGIOUS ASSISTANCE AND ACTIVITIES 7. RECREATION AND EDUCATION PUBLIC CUSTODY OF ALIENS RIGHTS AND OBLIGATIONS OF DETAINEES

OBLIGATIONS 1. COMPLY WITH THE INTERNAL REGULATION AND THE DAILY PROGRAM 2. COMPLY WITH THE DISPOSITIONS OF THE STAFF 3. HOLD THE ID CERTIFICATE 4. PROPER USE OF THE EQUIPMENT AND FURNITURE PUBLIC CUSTODY OF ALIENS RIGHTS AND OBLIGATIONS OF DETAINEES

LIMITATION OF RIGHTS 1. INTERDICTIONS 2. OTHER LIMITATIONS SANCTIONS 1. VERBAL WARNING 2. WORK IN THE BENEFIT OF THE CENTRE 3. LIMITATION OF RIGHTS OR OTHER ADVANTAGES 4. ISOLATION PUBLIC CUSTODY OF ALIENS RIGHTS AND OBLIGATIONS OF DETAINEES