detention in immigration & asylum
Your physical liberty is one of the fundamental human rights. Nobody has the right to limit your physical liberty without a good reason. There are situations where state authorities have valid reasons, namely to prevent people from entering or staying in a country without legal grounds.
Two situations may arise here:
- You are an asylum seeker. Therefore, the grounds for your detention are explained in the Act on Granting International Protection to Aliens.
- You are a national of another country and you don’t have a legal right (visa, residence permit etc.) to be in Estonia. Therefore, the grounds for your detention are explained in the Obligation to Leave and Prohibition on Entry Act.
Detention & Human rights
Human rights permit such detention, but it has to be executed lawfully and non-arbitrarily. This means that the grounds for your detention must be prescribed by law, the authorities must follow clearly set procedures and they must treat you humanely. During the detention process, such human rights as the right to liberty and security, the right to life, the prohibition of inhumane or degrading treatment and torture, and the right to private life may be affected.
About this Guide
This Guide will explain when you can be detained, what procedure should be followed, how you should be treated and what human rights violations might occur in particular situations during the detention process.
note This Guide will only give you guidance regarding your detention in situations when you are in country without legal grounds or seeking asylum. It will not explain, in substance, the grounds on which to claim access and stay in the country, or how to ask for asylum.
Article 5 (1) f)