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CZECH REPUBLIC
The Czech Republic acknowledges its responsibility in combating trafficking and smuggling in
human beings. It has signed but not yet ratified the UN Convention against transnational organized
crime, while the three Protocols to the Convention have not yet been signed. 7
There are, among other vulnerable groups within the flows of irregular migrants, non-negligible
numbers of unaccompanied minors; however this vulnerable group can only be formally
assisted by the state when they enter the asylum system. Between 1998 and 2001, about 200 to
350 minors applied for asylum every year 8 – well in line with overall trends among asylum
seekers generally.
Carrier Sanctions
According to the 1999 Aliens Law a minor offence is committed by:
A carrier who transports into the state territory an alien without documents entitling him/her
to be granted leave to enter; and
A provider of accommodation who fails to meet obligations pursuant to this Act (Article 156).
In the case of carrier sanctions, the penalty imposed by the police will be equivalent to “25 times
the Subsistence Minimum for Personal Needs” which will increase to 50 times for repeated
breaches.
In the case of accommodation, a penalty of 12 times the Subsistence Minimum expenses for
personal needs is applicable, which rises to 25 times the amount in the case of repeated breaches.
Penalties are payable within 30 days.
1.3 ADMINISTRATIVE AND PROCEDURAL ARRANGEMENTS
Institutions Responsible for Involuntary Return
These are the Aliens and Border Police Service, the Courts, the Ministry of Foreign Affairs.
The Department of Refugees Facilities manages the 12 refugee centres currently operating as
residential refugee facilities, plus two reception centres; this department is also responsible for
the return of rejected asylum seekers and those terminating the asylum procedure.
The institutions dealing with asylum procedures are the Department of Asylum and Migration
Policies (formerly the Department of Refugees and Integration of Foreigners), through the
Reception Centre at Vysni’ Lhoty. Prospective applicants have to manifest their wish to apply
when crossing the Czech border to the Alien and Border Police; rejected applicants can make a
submission for judicial review at the High Court. In the case of unaccompanied minors (under
18 years of age) with no legal guardian, the Department of Social Legal Protection of Children,
within the Ministry of Labour and Social Affairs, can act as the guardian. Such unaccompanied
minors are often housed within the facilities of the Ministry of Education, Youth and Sport.