Seeking asylum is a basic human right. Asylum-seekers are often forced to enter a territory irregularly in order to enjoy this right and escape danger or persecution. 

The 1951 Refugee Convention spells out that states shall not punish refugees and asylum-seekers for irregular entry in case they are directly coming from the country of persecution and they present themselves without delay to the authorities showing a good cause for their irregular entry. According to a conclusion reached with governments at UNHCR’s Executive Committee, refugees and asylum-seekers may only be detained in special cases, such as when the authorities have to verify their identity, determine the elements of their claim, when they have destroyed their travel or identity documents, have used fraudulent documents in order to mislead the authorities. Another possible reason for detention may be to protect public order or national security.

According to these international standards, detention of innocent asylum seekers, e.g. for bureaucratic purposes, should only be applied as a last resort and for the shortest period of time.

Today Central European countries increasingly apply detention. Therefore, UNHCR in Central Europe strongly advocates for non-detention of innocent refugees and asylum-seekers. In the case of the increasing number of those who are detained, the UN Refugee Agency monitors the conditions of detention, access to free legal assistance and the conditions at the detention facilities.

As UNHCR’s Guidelines on Detention state, a number of safeguards must be respected in case of detention. Asylum-seekers should be accommodated in separate detention facilities and by no means in prisons, nor together with convicted criminals or prisoners on remand. In detention, asylum-seekers should have access to basic sanitation, receive appropriate medical treatment and psychological counselling. They should have the opportunity to exercise their religion, receive a diet and conduct some form of physical exercise both indoor and outdoor. They should be able to continue further education or vocational training and have the opportunity to make regular contact and receive visits from friends, relatives, religious, social and legal counsel. They should also have access to lodging a complaint and information about the respective procedures in different languages.

UNHCR particularly advocates for the zero-detention of children, including unaccompanied minors. The agency promotes alternatives to detention of children, once the state wants to avoid the absconding of the child during the asylum procedure. Children accompanied by their parents should not be detained only if that is the only means of maintaining family unity. 

Children should not be detained together with adults, and they shall have the right to education and the opportunity for recreation and play to alleviate stress and trauma. For unaccompanied minors a legal guardian or adviser should also be appointed.