DETENTION SITUATION: DETENTION GROUNDS, REVIEW PROCESS AND
CONSIDERATION OF ALTERNATIVES TO DETENTION
22
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Has he/she been detained before? If so, for how long and where?
For what reasons?
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Is he/she detained alone or with family members?
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Is he/she currently separated from immediate family members present in the
country or in another country’?
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Is he/she able to make regular contacts (including through telephone or internet,
where possible) and receive visits from relatives, friends as well as religious,
international and/or non-governmental organizations?
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If known, what are the grounds for his/her detention? Did he/she receive
individualized written reasons for the initial detention decision? Can he/she show
this document?
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Has he/she had the opportunity to be heard before the detention decision was
issued, in particular in relation to establishing his/her identity, country of origin/
nationality and the absence of documentation?
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Was interpretation available during the proceedings? If so, in what language?
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Has information about the detention review process been shared in a language
he/she understands?
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Has the detention decision been reviewed? If so, by which authority? When was
the latest hearing? Could he/she and his/her representative attend the hearing?
How often is the detention reviewed? Was the decision well-reasoned? Does it
make any reference to an eventual lack of nationality?
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Can he/she request to be referred to the statelessness determination procedure
in place in the country?
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On the occasion of the review, did he/she have the opportunity to express
elements related to his/her identity and possible lack of nationality and explain
the absence of documentation?
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If there is a ground for detention, would suitable alternatives to detention apply to
her/his case? Were these alternatives considered during the detention review?
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Did he/she have access to legal representation throughout the detention
process? If so, is he/she willing to share the contact details of the lawyer? In
which language did he/she communicate with him/her?
STATELESS PERSONS IN DETENTION