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SLOVAKIA
A foreigner who has been issued an expulsion order is obliged to leave the country within the
terms of the expulsion order. The period must not exceed 30 days. The police may order the
person to stay at a designated venue until the expulsion decision becomes valid.
Non-Expulsion
According to the Act on Stay of Aliens, a person should not be expelled to a country where his/
her life would be endangered on grounds of race, religion, for belonging to a certain social group
or for political convictions. A foreigner should not be expelled to a country where he/she was
sentenced to death, or it is assumed that in a pending proceeding such penalty could be imposed.
Nor should a foreigner be expelled to a country where his/her freedom would be endangered or
he/she would suffer cruel, inhumane treatment or torture on grounds of race, religion, social
group or political conviction.
But those who have committed grave criminal offences or represent a danger to state security
would be expelled in any case.
According to the Act on Asylum and Amendment of Some Acts (Article 47), a person who has
been granted asylum or is applying for temporary shelter or is de facto a refugee, should not be
expelled to a place where he/she would be tortured, exposed to cruel, inhuman or other degrading
treatment.
1.3 ADMINISTRATIVE AND PROCEDURAL ARRANGEMENTS
Institutions Responsible for Involuntary Return
In Slovakia, the border police and other relevant police agencies and law enforcement agencies
in the Ministry of Interior are responsible for making the decision on expulsion and enforcing it.
The Slovak government adjusted its Border and Aliens Police structure in recent years, and in
April 2001 the new organizational structure came into force. 7 The creation of a unified and
special nationwide border police makes the police structure more coherent and Shengencompatible
as a safeguard to border security. The Border and Aliens Police Office is responsible
for managing all borders in the country, and the regional border and police departments are
directly under the command of the chief of this Office.
In 2001, the Office for International Police Cooperation and a Special Branch were set up to
combat trafficking in human beings. The Office for International Police Cooperation acts for
both the police force and the investigation, and the Special Branch provides relevant information
to border police. In April 2002, a National Unit to Combat Illegal Migration was established,
and the Unit is tasked with analytical and operational responsibilities.
Operational Procedures for Involuntary Return
Police offices are empowered to decide and expel aliens. If the foreigner concerned leaves the
country of his/her own volition, the expulsion has been achieved. Otherwise, the police shall
take measures to enforce it.