What are the requirements for lawful detention in an immigration context?
Requirements
You may be detained if you do not have a legal basis to be in Slovenia.
For example:
- You have tried to cross the state border in an unauthorized place
- You do not possess valid travel documents, a visa, a residence permit or you hide your identity
- You have not voluntarily left the country by the date indicated in your return decision
- Slovenian authorities have grounds to believe that you are a threat to national security or public order
The specific grounds for detention, when you are in the country without a legal basis, are explained in the Foreigners Act.
Human rights standards
Even if there are grounds to detain you, your detention will only comply with human rights standards if:
- You are detained according to the procedure prescribed in the Foreigners Act
- There is an intention to return you to your country of origin and you are not detained endlessly for another reason
- You are held in a place meant for detention of immigrants called Center for Foreigners in Postojna
Read more about the detention place, conditions and treatment in Foreigners Act.
What human rights violation may there be?
If you are not detained according to lawful grounds and/or following lawful procedures, your right to liberty and security may have been violated.