What are the requirements for lawful detention in an asylum context?
Requirements
You cannot be automatically detained just because you have expressed a wish to seek asylum in Estonia. The detention of an asylum seeker is permitted only in one or more of the following situations:
- identification of the person or verification of the identity
- verification or identification of the citizenship of the person
- verification of the legal bases of the entry into and the stay in the state of a person
- identification of the circumstances relevant to the proceedings of the asylum application, primarily in the case when there is a risk of escape;
- there is a reason to believe that the person has submitted the application for asylum to postpone the obligation to leave or prevent expulsion
- protection of the security of state or public order
- transfer of a person under Dublin regulation
You must be released when the relevant ground or grounds of your detention cease to exist.
Human rights standards
Even if there are lawful grounds to detain you, your detention will only comply with human rights standards if:
- You are detained according to the procedure prescribed in the Act on Granting International Protection to Aliens.
- The verification procedure is conducted with due diligence whilst you are being detained.
- You are held in a place meant for the detention of asylum seekers/persons to be returned to their country of origin (pre removal centre). Read more about the place of detention, conditions and treatment.
What human rights violation may there be?
If you are detained but not according to lawful grounds and/or following lawful procedures, it may result in a violation of the right to liberty and security of a person.