access to communication with relatives, provide information on and access to organizations that
provide legal assistance, must ensure adequate standard of living, and meet situations of people
with specific needs.59
According to Article 8, detention is not justified for the mere granting or withdrawing of
international protection. States may, however, detain applicants if other less coercive measures
do not apply. Applicants may only be detained to determine or verify identity or nationality, to
determine elements of international protection, especially if there is a risk of absconding, to
decide right of entry, to carry out removal process according to the RD and RCD and if there are
reasonable grounds that applicant is applying merely to delay or to frustrate return decision, to
ensure national security or public order, or to determine the State responsible for examining an
application. These conditions must be set in the State’s national law.60
Article 9 establishes the guarantees for detained applicants. Applicants can only be
detained for as short as possible of a time and only if Article 8 grounds are justified.
Administrative procedure delays do not justify continued detention. Detention must be ordered in
writing by administrative or judicial authority, stating the relevant facts and applicable law.
States must provide, under national law, speedy judicial review on the lawfulness of the
detention at the request of the applicant or on ex officio. If the review is conducted ex officio, it
must be decided as quickly as possible from beginning of the detention. If the detainee requests
review, it must be decided as speedily as possible from the beginning of the proceedings. If the
detention is deemed unlawful, the detainee must be released immediately. Detainees must be
informed in writing of the reasons for detention and of the procedures for challenging the
59
60
Directive 2013/33/EU, art. 18, para. 9(a).
Directive 2013/33/EU, art. 8.
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