detention. Detention shall be reviewed at reasonable intervals of time and at the request of the
applicant, especially when relevant circumstances or new information arise.61
States may provide free legal assistance to those who lack the financial resources. Those
providing legal assistance must be qualified under the domestic law of the State to provide such
assistance. States may impose certain limitations to these services including monetary and time
limits so as long as the State does not arbitrarily restrict access to legal assistance. A State may
not provide treatment that is more favorable than that accorded to its nationals. Further, a State
may demand reimbursement if an individual’s financial situation has improved considerably or if
it is found that an individual supplied false information. Procedures for legal access and
representation shall be made in national law.62.
Article 10 establishes the conditions of detention. Similar to the RD and RCD, detention
must take place in specialized facilities. If a State does not have a designated facility and must
use state prisons as a detention facility for migrants and asylum seekers, it must keep such
detainees separate from ordinary prisoners while continuing to apply the Dublin III conditions.
Additionally, detainees shall be kept separate from other third-country nationals who have not
filed for international protection. If not, State shall ensure that the Dublin III conditions still
apply. Detainees must have access to open-air space. States must also ensure that relatives, legal
advisers, relevant NGOs, and UNHCR representatives have possibility to communicated with
and visit detainees. Limits to such access may only be imposed if not severely restrictive or
rendered impossible for security, public order, or administrative management pursuant to stated
national laws. States must also ensure that detainees are systematically provided with
information in a language they understand, particularly concerning facility rules and their rights
61
62
Directive 2013/33/EU, art. 9.
Directive 2013/33/EU, art. 9, para. 9.
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