Return - IOM Publications - International Organization for Migration

Return Migration: Policies and Practices
The conditions for detention are strictly prescribed: the person has the right to eight hours’ sleep
and daily outings in designated areas for at least one hour. He/she may send mail at own cost;
order books, daily press and magazines at own cost; and receive visits of a maximum two persons
once in three weeks for 30 minutes.
The maximum time for holding foreigners in custody must not exceed 180 days. He/she may
lodge an appeal against the detention decision with the court within 15 days of notification of the
detention decision; and the court should take a decision within 15 days.
The person detained should be released in the following circumstances: when the grounds for
detention expire; when a court decides to release the person; after expiration of the detention
period or after the maximum period of 180 days.
The country has such centres in Mevedov and Secovce, etc. The Centre of Police Detention for
Foreigners in Medvedov was set up in 1997, and the Centre for Foreigners in Secovce was set up
in 1999.
Expulsion
According to the above-mentioned Act on Stay of Aliens, the Slovakian police have the power to
decide administrative expulsion of a foreigner, ie. the termination of his/her stay. Following this,
the person must leave the country. It is inadmissible to expel several aliens or a group of aliens
with one decision. According to Article 56 of the Act “mass expulsion of aliens on the basis of
one decision is inadmissible” and “the administrative expulsion of several aliens based on one
decision is inadmissible.”
In taking a decision on the expulsion, the police may also determine the duration of prohibition
of entry of the person. This varies between ten years, five years and one year according to the
circumstances. The court may also decide expulsion, if a case is referred to the court (judicial
expulsion, according to Penal Code National Council Act No. 85/2000). The police shall record
the data on file, when an expulsion decision is made. 6
An alien can be expelled and prohibited to enter the country for a certain period of time, if:
The stay of the alien may endanger the security of the country, the rights and liberty of others
or in the interests of environmental protection;
The alien committed criminal acts;
The alien violated regulations on drugs and psychotropic substances;
The alien deliberately submitted modified documents;
The alien contracted a marriage with the aim of acquiring the permit of stay;
The alien refused to verify his/her identity in a credible way;
The actions of the alien were contrary to an international treaty or the decision of the Slovak
government;
The alien wilfully gave false information during the procedure on granting a stay permit;
The alien failed to report the expiration of the stay permit;
The alien hindered the enforcement of a decision by state authorities;
The alien repeatedly or in a serious way violated the binding legal regulations.
320