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CZECH REPUBLIC
Aliens and Border Police imposed administrative expulsion on 12,700 foreigners. Of these only
about 12 per cent were enacted, 348 of these appealed against the decision, while the others may
only have had their documents stamped. Such decisions were made largely on the grounds of
overstaying in the Czech Republic and also illegal crossing of a national border.
The judicial expulsion of foreigners refers to an expulsion sentence imposed in a criminal procedure
by a court with regard to one or several offences for which the person has been convicted,
according to the provision of Sec. 57 of the Penal Code (Act. No. 140/1961 Coll.). According to
this legislation, the court may impose an expulsion sentence as an independent punishment or
together with another sentence. In cases where the police escort a foreigner to his/her country of
origin or permanent residence, the expulsion is in effect a deportation.
Among the 1,481 foreigners who were actually removed in 2002 on the basis of an administrative
expulsion decision, Ukrainian citizens predominated (937), followed by the nationals of
Moldova (198) and Armenia (46).
Also in 2002, the courts imposed expulsion sentences according to the provision of Sec. 57 of
the Penal Code as stand-alone punishments or together with other sentences on 1,429 foreigners
– 668 more than in the previous year.
Detention
Detention conditions are covered in Chapter 11 Article 124 to 129 of the Aliens Law. Most
irregular migrants are apprehended when trying to cross the border out of the Czech Republic. In
1998, about 75 per cent of those apprehended had no travel documents. Most of these are
detained at the Balkova Detention Centre, for up to 180 days, to establish their identity and to
obtain new travel documents from relevant consular authorities, since if they are not claiming
asylum, they are expected to leave the country upon their release.
The two detention facilities operating in 2001 registered a total turnover of 8,000 in the first six
months of that year. Another three facilities were opened in 2002, one in northern Moravia, one
near Prague airport, and another one for the detention of families, or mothers with children. This
has brought the total capacity to 720 places.
Overstayers are liable to administrative detention, if apprehended and are placed in one of the
five specific foreigners’ detention centres. These facilities, established between 1998 and 2002,
are under the responsibility of the Aliens Police (Police Internal Act). Since their establishment,
about 18,475 foreigners have been processed through these facilities, with 17,827 released, 4,894
expelled and 246 others “readmitted” under respective agreements with neighbouring countries.
As mentioned, there is an increasing tendency of those administratively detained to claim asylum,
triggering a lengthy review procedure, which avoids the issue of leaving the country; while
in the past those claiming asylum were released from detention and could reside in the country
and work without a permit, this is no longer the case. With the February 2002 Asylum Act
amendments, asylum seekers are no longer allowed to leave the detention centres while their
application is being processed.