Although Serbia maintains official immigration detention facilities, migrants, refugees, and asylum seekers continue to be deprived of their liberty in a range of informal sites where their fundamental rights are violated. Testimonies from former detainees and reports by the country’s National Preventive Mechanism also highlight poor detention conditions in both formal and informal settings–with limited access to health care remaining a particular concern–and vulnerable groups including children remain at risk of detention. […]
Serbia: Covid-19 and Detention
Since March, all transit and asylum centres have been in lock-down. Raids of squats and informal accommodation have increased since then, with migrants and asylum seekers apprehended and transferred to camps across the country. According to the Border Violence Monitoring Network (BVMN), the government temporarily opened several “camps,” which have been quickly filled with new […]
Serbia: Covid-19 and Detention
NGOs report that 6,852 migrants and asylum seekers are currently confined in the country’s 13 closed reception centres. Many had tried to cross into Croatia and Hungary – with some being forcibly pushed back by Hungarian and Croatian border police. In recent months, anti-migrant sentiment has grown in the country: a rally in Belgrade in […]
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DETENTION STATISTICS
DETAINEE DATA
DETENTION CAPACITY
ALTERNATIVES TO DETENTION
ADDITIONAL ENFORCEMENT DATA
PRISON DATA
POPULATION DATA
LEGAL & REGULATORY FRAMEWORK
Does the Country Have Specific Laws that Provide for Migration-Related Detention?
Bilateral/Multilateral Readmission Agreements
GROUNDS FOR DETENTION
Immigration-Status-Related Grounds
Criminal Penalties for Immigration-Related Violations
Children & Other Vulnerable Groups
LENGTH OF DETENTION
DETENTION INSTITUTIONS
PROCEDURAL STANDARDS & SAFEGUARDS
Types of Non-Custodial Measures (ATDs) Provided in Law
COSTS & OUTSOURCING
COVID-19 DATA
TRANSPARENCY
MONITORING
NATIONAL HUMAN RIGHTS MONITORING BODIES
NATIONAL PREVENTIVE MECHANISMS (OPTIONAL PROTOCOL TO UN CONVENTION AGAINST TORTURE)
NON-GOVERNMENTAL ORGANISATIONS (NGOS)
GOVERNMENTAL MONITORING BODIES
INTERNATIONAL DETENTION MONITORING
INTERNATIONAL TREATIES & TREATY BODIES
International Treaties Ratified
Ratio of relevant international treaties ratified
Individual Complaints Procedures
Relevant Recommendations or Observations Issued by Treaty Bodies
non-citizens, the Committee recommends that the State Party:
(a) Refrain from pushback and collective expulsion;
(b) Adopt measures to ensure the availability of asylum procedure to
migrants and asylum-seekers in need of international protection at border crossings
and airports, in accordance with internationally recognized standards, including the
principle of non-refoulement, including by review its legislative framework and align it
with the international human rights law and the objectives and purposes of the
Convention;
(c) Adopt measures to improve the living conditions in reception centers and
migration detention facilities in accordance with international standards, and ensure
that all persons detained in those facilities have access to medical care, interpreters,
adequate food and social support;
(d) Ensure that immigration detention is applied only as a measure of last
resort and for the shortest possible period, after an assessment of its legality, necessity
and proportionality on a case-by-case basis and ensure due process for all those held in
migration detention facilities;
(e) Ensure that all removal procedures are conducted in full compliance with
international law obligations, including respect for the principle of non-refoulement,
due process guarantees and comprehensive individualized assessments of protection
needs under international human rights law and international refugee law, in all cases
of deportation, removal and expulsion;
(f) Ensure accountability and end impunity, including by conducting
effective, thorough and impartial investigations into all reports of human rights abuses
and violations perpetrated against asylum-seekers and migrants perpetuated by law
enforcement officials, including racial discrimination, use of racial profiling and
racially motivated excessive use of force during law enforcement operations, arbitrary
detention and torture and ill-treatment.
light of the Committee’s general comment No. 1 (2023) to avoid practices that expose
migrants and asylum-seekers to risks of enforced disappearance, including by
conducting a comprehensive review of existing migration policies and practices to
identify such risks and developing a differential approach to address the specific
requirements of specific groups among migrants and asylum-seekers, such as unaccompanied minors, women and victims of trafficking. It also recommends that
the State Party strengthen cooperation and coordination with international
organizations, specialized civil society organizations and other stakeholders to ensure
a comprehensive and effective response to the needs of migrants and asylum-seekers
and ensure protection against enforced disappearance.....
(a) Asylum - seekers and any person s in need of international protection are not deported, expelled or extradited to a country in which there are substantial grounds for believing that there is a real risk of irreparable harm, such as that set out in articles 6 and 7 of the Covenant;
(b) Asylum - seekers receive information about their right to seek asylum in a language they understand and that an individual assessment is carried out for all asylum applications;
(c) Asylum - seekers have effective access to an appeal s process that is in line with international standards , including ensuring that the lodging of appeals ha s a suspensive effect on deportation, expulsion and extradition proceedings;
(d) All relevant officials , including border guards , receive adequate training on international standards , including the principle of non-refoulement , and that all allegations of pushbacks and ill-treatment are promptly, thoroughly and independently investigated and perpetrators, if found guilty , are punished appropriately;
(e) Conditions in all asylum reception centres are in conformity with international standards;
(f) The age determination procedure for children seeking asylum is in line with international standards.
(a) Establish fair and efficient asylum procedures that are to be carried out in a child-sensitive manner, in both procedural and substantive aspects, and that can be used to systematically identify and refer unaccompanied or separated children for appropriate protection and support, and consider amending relevant national legislation, including the Law on asylum, in this regard;
(b) Ensure the full inclusion of asylum-seeking and refugee children who are unaccompanied or separated in the existing child protection system, provide accommodation in foster families or other accommodation facilities adequate for their age, gender and needs in line with best interest assessments conducted on an individual basis and establish specialized services for children with emotional, psychiatric and behavioural problems;
(c) Ensure that all asylum-seeking children are systematically provided with information on their rights and obligations, asylum procedures and available services to prevent them from resorting to sleeping without shelter for fear of deportation, and take the steps necessary to protect unaccompanied children from smuggling rings;
(d) Ensure full respect for the principle of non-refoulement and facilitate access to the asylum system for children in need of international protection in line with articles 6, 22 and 37 of the Convention;
(e) Guarantee the right to acquire Serbian citizenship for all children currently residing in the State party who would otherwise be stateless, regardless of their own, or their parents’, legal status."
(a) Ensure that the Asylum Office is supported with personnel and financial and technical resources sufficient to be able to register asylum seekers in a timely manner, promptly issue their identity cards, conduct individualized interviews with the support of interpretation services and issue refugee status decisions within a reasonable time. The State should address these deficiencies in the new draft law on asylum, including the lack of time-bound obligations;
(b) Establish and ensure the implementation of a standardized and accessible asylum and referral procedure in international airports and transit zones;
(c) Guarantee access to independent, qualified and free-of-charge legal assistance and interpretation services for asylum seekers throughout the asylum procedure, as well as in misdemeanour proceedings and when they are detained at the airport, in order to enable them to challenge the lawfulness of their deportation and detention orders.
Global Detention Project and Partner Submissions to Treaty Bodies
> UN Special Procedures
Relevant Recommendations or Observations by UN Special Procedures
108 (b) In regard to migrants and asylum seekers, the Special Rapporteur recommends that the Government of Serbia ensure that decisions taken by the border authorities, including refusals of entry and, more importantly, deportation decisions, are carefully documented and subjected to independent judicial review, and that any person affected by such measure be informed of their rights, including the right to legal remedy and legal counsel, in a language they understand;
108 (c) In regard to migrants and asylum seekers, the Special Rapporteur recommends that the Government of Serbia strengthen the independence of the complaints and oversight mechanism in the reception camps by providing for confidential and anonymous access to sealed complaint boxes that can only be accessed by the office of the Commissioner for Refugees and Migrants and not the staff in charge of the camp;
108 (d) In regard to migrants and asylum seekers, the Special Rapporteur recommends that the Government of Serbia ensure that all service providers who come into direct contact with migrants receive training, commensurate with their function, on relevant international human rights standards, including the principle of non-refoulement and the Istanbul Protocol for the investigation and documentation of the signs of torture and other ill-treatment;
108 (e) In regard to migrants and asylum seekers, the Special Rapporteur recommends that the Government of Serbia strengthen their ongoing efforts to provide adequate mdical and psychological support and rehabilitation to all victims of torture and other ill-treatment present on Serbian territory and, in any event, abstain from any push-back or other forms of refoulement of migrants into territories where they may be exposed to the risk of torture or other ill-treatment.
> UN Universal Periodic Review
Relevant Recommendations or Observations from the UN Universal Periodic Review
REGIONAL HUMAN RIGHTS MECHANISMS
Regional Legal Instruments
HEALTH CARE PROVISION
HEALTH IMPACTS
COVID-19
Country Updates
Government Agencies
Ministry of Foreign Affairs http://www.mfa.gov.rs/en/
Ministry of Interior http://www.mup.gov.rs/wps/portal/en
Protector of Citizens http://www.ombudsman.org.rs/
Serbian Commissariat for Refugees and Migration https://kirs.gov.rs/eng
International Organisations
IOM Serbia https://serbia.iom.int/
OHCHR Serbia https://www.ohchr.org/en/countries/enacaregion/pages/rsindex.aspx
UNHCR Serbia http://www.unhcr.rs/en/
NGO & Research Institutions
Asylum Protection Centre http://www.apc-cza.org/en/
A11 Initiative for Economic and Social Rights https://www.a11initiative.org/en/home/
Belgrade Center for Human Rights http://azil.rs/en/
Crisis Response and Policy Centre http://www.crpc.rs/
Group 484 https://www.grupa484.org.rs/en/
Humanitarian Center for Integration and Tolerance http://hcit.rs/
Initiative for Development & Cooperation https://idcserbia.org/en/
International Aid Network https://ian.org.rs/home/
Praxis http://www.praxis.org.rs/index.php/en/
Refugee Aid Serbia https://www.facebook.com/refugeeaidserbia/
