ENS Statelessness Index Survey 2020:

Contents Contents ...... 1 International and Regional Instruments ...... 2 1954 Convention ...... 2 1961 Convention ...... 2 Other conventions ...... 2 Stateless Population Data ...... 4 Availability and sources ...... 4 Stateless in detention data ...... 5 Statelessness Determination and Status ...... 6 Definition of a stateless person ...... 6 Training ...... 6 Existence of a dedicated SDP ...... 6 Procedures in which statelessness can be identified and other routes to regularisation (Group 2) ...... 7 Access to procedures (Group 2) ...... 7 Assessment (Group 2) ...... 8 Procedural safeguards (Group 2) ...... 8 Protection (Group 2) ...... 9 Access to nationality (Group 2) ...... 9 Detention ...... 11 Detention screening ...... 11 Alternatives to detention ...... 12 Procedural safeguards ...... 12 Protections on release ...... 13 Return and readmission agreements ...... 14 Prevention and Reduction ...... 15 Stateless born on territory ...... 15 Foundlings ...... 16 Adoption ...... 16 Ius sanguinis ...... 17 Birth registration ...... 17 Reduction ...... 18 Deprivation of nationality ...... 19 Resources ...... 21 Published judgments ...... 21 Pro Bono ...... 22 Literature ...... 22

1 © 2020 European Network on Statelessness. All rights reserved. This country survey is not intended for wider dissemination as a standalone document and should be read in conjunction with (and any reference made to) the Statelessness Index country profile on Czech Republic. The research for this survey was carried out by Aneta Šubrtová and Hana Franková (OPU) with input and verification by Linda Janku (Czech Ombudsperson's office). International and Regional Instruments – 2020

International and Regional Instruments

Item Subtheme Question International Norms & Good Practice Answer Source Is your country party to UN Convention Relating to the Status Yes UN Treaties Database, 1954 1954 IOB.1.a the 1954 Statelessness of Stateless Persons, 1954 Convention Convention Convention? If yes, when was 19 July 2004 Idem IOB.1.b ratification/accession?

Are there reservations Best practice is no reservations. If Yes. Declaration (effectively a reservation) UN Treaties Database, 1954 in place? Please list there are, they should have little or no has been made: Convention them. impact on the rights of stateless 1. Pursuant to Article 27 of the people. Convention, identity papers shall be issued Communication no 108/2004, on the only to stateless persons having permanent accession to the Convention relating residence permits in the territory of the to the status of stateless persons, Czech Republic in accordance with the Collection of International Treaties, country's national legislation. 2004, “Sdělení č. 108/2004 Sb. m. s., o 2. Article 23 of the Convention shall be sjednání Úmluvy o právním postavení applied to the extent provided by the osob bez státní příslušnosti,: SBÍRKA national legislation of the Czech Republic. MEZINÁRODNÍCH SMLUV ročník 3. Article 24, paragraph 1(b) shall be 2004”, částka 49, ze dne 15. 10. 2004 IOB.1.c applied to the extent provided by the (CZE) national legislation of the Czech Republic. 4. Pursuant to Article 28 of the Convention, travel documents shall be issued to stateless persons having permanent residence permits in the territory of the Czech Republic in accordance with the country's national legislation. Such persons shall be issued "foreigners' " stating that their holders are stateless persons under the Convention of 28th September 1954." Does the Convention Best practice is that the Convention Yes. Article 10, Constitution of the Czech have direct effect? has direct effect, though this may Republic IOB.1.d depend on the legal regime.

Is your country party to UN Convention on the Reduction of Yes. UN Treaties Database, 1961 1961 IOB.2.a the 1961 Statelessness Statelessness, 1961 Convention Convention Convention? If yes, when was 19 December 2001 idem IOB.2.b ratification/accession? Are there reservations As above No idem IOB.2.c in place? Please list them. Does the Convention As above Yes. Article 10, Constitution of the Czech IOB.2.d have direct effect? Republic

State party to European European Convention on Nationality, Yes. COE, Reservations and Declarations Convention on 1997 Declaration to article 22: for Treaty No.166 - European Nationality 1997? Please The Czech Republic declares in respect of Convention on Nationality, Czech list any reservations. Article 22, sub-paragraph b, that persons, Republic who are nationals of the Czech Republic and equally nationals of another State Party Other which does not require obligatory military IOB.3.a conventions service and have their habitual residence in the territory of that State Party, shall be considered as having satisfied their military obligations in relation to the Czech Republic if the said habitual residence has been maintained up to the age of 35 years of the persons. State Party to European European Convention on Human Yes. Reservation has been made to articles 5 COE, Reservations and Declarations Convention on Human Rights, 1950 and 6 to the effect that those articles shall for Treaty No.005 - Convention for the Rights 1950? Please list not hinder to impose disciplinary Protection of Human Rights and IOB.3.b any relevant penitentiary measures in accordance with Fundamental Freedoms, Czech reservations. Article 17 of the Act No. 76/1959 of Republic Collection of Laws, on Certain Service Conditions of Soldiers." State Party to Council of Council of Europe Convention on the No. COE, Chart of signatures and Europe Convention on Avoidance of Statelessness in Relation ratifications the avoidance of to State Succession, 2006 IOB.3.c statelessness in relation to State succession 2006? Please list any reservations. Bound by Directive Directive 2008/115/EC of the Yes. Transposed to national law. No Official Journal of the EU, EUR-Lex 2008/115/EC of the European Parliament and of the reservations. European Parliament Council (EU Returns Directive) IOB.3.d and of the Council (EU Returns Directive)? Please list any relevant reservations.

2 © 2020 European Network on Statelessness. All rights reserved. This country survey is not intended for wider dissemination as a standalone document and should be read in conjunction with (and any reference made to) the Statelessness Index country profile on Czech Republic. International and Regional Instruments – 2020

State Party to Convention on the Rights of the Child Yes. UNTC, Convention on the Rights of the Convention on the 1989 No reservations, but Declaration to article 7 Child Rights of the Child (1): 1989? Please list any "In cases of irrevocable adoptions, which are relevant reservations. based on the principle of anonymity of such adoptions, and of artificial fertilization, where the physician charged with the IOB.3.e operation is required to ensure that the husband and wife on one hand and the donor on the other hand remain unknown to each other, the non-communication of a natural parent's name or natural parents' names to the child is not in contradiction with this provision." State Party to International Covenant on Civil and Yes. No relevant declarations and no UNTC, ICCPR International Covenant Political Rights 1966 reservations. on Civil and Political IOB.3.f Rights 1966? Please list any relevant reservations. State Party to International Covenant on Economic, Yes. No reservations. UNTC, International Covenant on International Covenant Social and Cultural Rights 1966 Economic, Social and Cultural Rights on Economic, Social and IOB.3.g Cultural Rights 1966? Please list any relevant reservations. State Party to Convention on the Elimination of all Yes. No reservations. UNTC, CEDAW Convention on the Forms of Discrimination Against Elimination of all Forms Women 1979 IOB.3.h of Discrimination Gen. Rec. 32 on the gender-related Against Women 1979? dimensions of refugee status, asylum, Please list any relevant nationality and statelessness. reservations.

State Party to Convention against Torture and Other Yes. No reservations. UNTC, Convention against Torture and Convention against Cruel, Inhuman or Degrading Other Cruel, Inhuman or Degrading Torture and Other Cruel, Treatment or Punishment 1984 Treatment or Punishment Inhuman or Degrading IOB.3.i Treatment or Punishment 1984? Please list any relevant reservations. State Party to International Convention on the Yes. No reservations. UNTC, CERD International Elimination of All Forms of Racial Convention on the Discrimination 1965 IOB.3.j Elimination of All Forms of Racial Discrimination 1966? Please list any relevant reservations. State Party to the International Convention on the No. UNTC, International Convention on International Protection of the Rights of all Migrant the Protection of the Rights of all Convention on the Workers and Members of their Migrant Workers and Members of Protection of the Rights Families 1990 their Families IOB.3.k of all Migrant Workers and Members of their Families 1990? Please list any relevant reservations. State Party to the Convention on the Rights of Persons Yes. UNCT, Convention on the Rights of Convention on the with Disabilities 2006 Persons with Disabilities Rights of Persons with IOB.3.l Disabilities 2006? Please list any relevant reservations.

3 © 2020 European Network on Statelessness. All rights reserved. This country survey is not intended for wider dissemination as a standalone document and should be read in conjunction with (and any reference made to) the Statelessness Index country profile on Czech Republic. Stateless Population Data – 2020

Stateless Population Data

Item Subtheme Question International Norms & Good Practice Answer Source Does the Government Gen. Rec. 32, CEDAW: States parties Yes. Czech Statistical Office, Population have a ‘stateless’ should gather, analyse and make Population census from 2011: census, Population by sex, type of category in its data available sex-disaggregated statistical Category "no citizenship": 1502 people residence, citizenship, housing collection systems (e.g. data and trends. But also category: "not identified": 60208 arrangements, ethnicity and religious census)? Please list Council of the (2015): people (also disaggregated by sex). belief, 2011 (CZE,ENG) available figures for the Recognise the importance of total stateless exchanging good practices among The Czech Statistical office and the Ministry population on the Member States concerning the of the Interior collection data on foreigners in territory and describe collection of reliable data on stateless the Czech Republic. Data is disaggregated by how data is persons as well as the procedures for nationality, sex, age and by residence. It is disaggregated (e.g. by determining statelessness. published annually. sex, age, residence). UNHCR (2014): Improve quantitative and qualitative data on stateless New population census to be done in 2021. populations. Availability POP.1.a Institute on Statelessness and Numbers of the Czech Statistical Office Czech Statistical Office, Foreigners in and sources Inclusion (2014): States should (Annual census): the Czech Republic (Annual Report), strengthen measures to count Category: Stateless + Not identified + Other: 2019 - data up to December 2018, stateless persons on their territory. up to December 2018, there were 770 CZE, ENG)

Numbers of the Ministry of the Interior: Ministry of the Interior of the Czech Statistics on number of stateless persons Republic, Statistics, Foreigners with having legal residence on the Czech territory valid residence, August 2020 (CZE) (disaggregated by type of residence and by sex), published every month. Up to 31 August 2020, there were: - 89 stateless persons with temporary residence permit - 406 stateless persons with permanent residence permit Do government As above Statistics of Ministry of the Interior: Ministry of the Interior of the Czech authorities define data “Citizenship unknown or non-identified” Republic, Statistics, Foreigners with categories that may (XXX): 33 persons up to August 2020 valid residence, August 2020 (CZE) overlap (e.g. unknown “Palestinians”: 187 up to August 2020 nationality) or where POP.1.b stateless people might Numbers of the Czech Statistical Office Czech Statistical Office, Foreigners in be more highly (Annual census): the Czech Republic (Annual Report), represented (e.g. Category: Stateless + Not identified + Other: 2019 - data up to 31.12. 2018(CZE, Palestinian)? Please up to 31.12.2018, there were 770 ENG) explain and provide any “Palestine”: 195 up to 31.12.2018 available figures. What is UNHCR’s As above UNHCR provides the qualified estimate of UNHCR, Faces of Statelessness in the estimate for the around 1500 stateless persons living in the Czech Republic, December 2020 stateless/at risk of Czech Republic. POP.1.c statelessness population and what is the source for this estimate? Have there been any As above The first mapping study on statelessness was UNHCR, Faces of Statelessness in the surveys or mapping conducted by UNHCR in 2018 and published Czech Republic, December 2020 POP.1.d studies to estimate the in December 2020. stateless population in the country? Are there any other As above No. sources of estimates for the stateless population POP.1.e not covered by the above? Please list sources and figures. Are there issues with the As above Figures are only for those that have legal Trimestrial Report on migration, reliability of data or residence. However, even these data are Ministry of the Interior, Second indications that the incomplete and scattered in various trimester of 2020 stateless population may registries, which blurs the overall picture of be over/under reported? the precise number of legally residing UNHCR, Faces of Statelessness in the POP.1.f If yes, please describe. stateless persons. Persons without any legal Czech Republic, December 2020 status are estimated in an annual survey of the Ministry of the Interior and the Czech Statistical Office, Foreigners in Immigration Police also counts the number of the Czech Republic (Annual Report), known irregular migrants (which is however 2019 - data up to 31.12. 2018(CZE, only a fragment of the whole number). ENG) Please provide any As above Ministry of the Interior provides annual and Ministry of the Interior of the Czech available figures for monthly statistical overview of asylum- Republic, International Protection in stateless refugees seekers in the Czech Republic, also the Czech Republic, annual statistical and/or asylum-seekers disaggregated by nationality. Persons with overview, 2019 (also available in and clarify if the granted refugee status are counted English) Government also counts separately. In 2018, there were 20 these groups in figures international protection applications initiated Czech Statistical Office, Foreigners in POP.1.g for the stateless by stateless persons. Among those, 18 the Czech Republic (Annual Report), population (i.e. to avoid decisions were rendered, in 1 case asylum 2019 - data up to 31.12. 2018(CZE, under/over-reporting). was granted and in 7 subsidiary protection ENG) was granted.

Census of refugees according to their country of origin but there also other groups (people 4 © 2020 European Network on Statelessness. All rights reserved. This country survey is not intended for wider dissemination as a standalone document and should be read in conjunction with (and any reference made to) the Statelessness Index country profile on Czech Republic. Stateless Population Data – 2020

that already came to the Czech Republic with a granted status): “Convention refugee status”: 16 up to April 2019 “Refugee - others”: 1 person up to April 2019

The census of the Czech statistical office and of the Ministry of interior correspond. Does the Government As above and see also norms in The Refugee Facilities Administration that Refugee Facilities Administration of record and publish Detention section. manages detention facilities has its internal the Ministry of the Interior, “Správa figures on stateless census of foreigners disaggregated by uprchlických zařízení” people held in nationality, sex, age and status (asylum Stateless in immigration detention? seeker or not). The Immigration Police also Freedom of Information Request by POP.2.a detention If yes, please provide. records detention decisions, disaggregated by OPU to Government. data nationality, including a category ‘stateless person’, but these are only internal statistics and are not published. Following a freedom of information request, it was disclosed that no stateless people were detained in 2020. Does the Government As above No. OPU record and publish figures on people POP.2.b released from immigration detention due to un-removability? If yes, please provide.

5 © 2020 European Network on Statelessness. All rights reserved. This country survey is not intended for wider dissemination as a standalone document and should be read in conjunction with (and any reference made to) the Statelessness Index country profile on Czech Republic. Stateless Determination and Status – 2020

Statelessness Determination and Status

Item Subtheme Question International Norms & Good Practice Answer Source Is there a definition of a UN Convention Relating to the Status No. There is no definition of stateless person Asylum act (available in English of the stateless person in of Stateless Persons, 1954: Articles in national law. official website of Ministry of the national law? Do the 1(1) & 1(2). Interior) Definition of definition and exclusion Mention of stateless persons is made in SDS.1.a a stateless provisions align with the several national acts - Asylum Act, Citizenship Czech Citizenship act (available in person 1954 Convention? Act etc. English on the official website of Please provide details. Ministry of the Interior

Is there training to UNHCR Executive Committee (2006): Currently there is no formal training on OPU inform different Requests UNHCR to actively statelessness provided by the Government to government bodies disseminate information and, where competent authorities. about statelessness? If appropriate, train government Two trainings were organised by OPU in yes, please provide counterparts on appropriate cooperation with ENS in October 2020. The SDS.1.b Training details (e.g. who mechanisms for identifying, recording, first was aimed at social workers and provides training to and granting a status to stateless practitioners working with migrants and the whom/how often?) persons. second for lawyers and attorneys. Participants included representatives both from state institutions and NGOs. Is there training for UNHCR (2016): Officials who may be in As above. In addition, there were two UNHCR judges and lawyers on contact with stateless persons need to trainings organised in 2016 and 2017 by statelessness? If yes, be trained to identify potential UNHCR in cooperation with the Czech Czech Ombudsperson’s Office please provide details applicants for stateless status and Ombudsperson’s Office on statelessness. (e.g. provider, refer them to appropriate channels. These focused mainly on lawyers providing OPU frequency). UNHCR (2010): It is recommended free legal aid to migrants in the Czech SDS.1.c that States provide specialised training Republic. Currently there is no training for on nationality laws and practices, judges or lawyers on statelessness. international standards and statelessness to officials responsible for making statelessness determinations. Which of the following UNHCR (2014) : It is implicit in the 2. best describes the 1954 Convention that States must situation in your identify stateless persons to provide country? Choose only them appropriate treatment to comply one and then proceed with their Convention commitments. to question indicated. UNHCR (2016): Establishing a statelessness determination 1. There is a dedicated procedure is the most efficient means statelessness for States Parties to identify determination beneficiaries of the Convention. procedure (SDP) established in law, administrative guidance, or judicial procedure, leading to a dedicated stateless status (proceed to Question 2a).

2. There is no dedicated SDP leading to a dedicated stateless Existence of a status, but there are SDS.1.d dedicated other procedures in SDP which statelessness can be identified (e.g. partial SDPs with no status/rights attached, residence permit or naturalisation applications, refugee status determination, ad hoc procedures, etc.), or other routes through which stateless people could regularise their stay and/or access their rights (proceed to Question 10a).

3. There is a dedicated stateless status but no formal procedure for determining this (proceed to Question 16a).

6 © 2020 European Network on Statelessness. All rights reserved. This country survey is not intended for wider dissemination as a standalone document and should be read in conjunction with (and any reference made to) the Statelessness Index country profile on Czech Republic. Stateless Determination and Status – 2020

If there is no dedicated ENS (2013): For SDPs to be effective, The Asylum Act provides in Section 8 d) that Asylum Act no. 325/1999 Sb. (also SDP leading to a the determination must be a specific the Ministry d) decides on applications made available in ENG) stateless status, are objective of the mechanism in according to the 1954 Convention. However, there any procedures in question, though not necessarily the this is the only mention of this application in which statelessness can only one. the Asylum act and the procedure is not Procedures in be identified (e.g. partial Hoti v. Croatia ECtHR (2018): [the further regulated. which SDPs with no State has a] positive obligation to statelessness status/rights attached, provide an effective and accessible The explanatory memorandum to the can be residence permit or procedure or a combination of amendment of Asylum Act from 2015 SDS.10.a identified naturalisation procedures enabling the applicant to (314/2015 Sb.) states that: given the low and other applications, refugee have the issues of [their] further stay number of these applications, there is no Explanatory Memorandum to routes to status determination, ad and status determined. need to create a special procedure and that amendment to Asylum Act no. regularisation hoc procedures, etc.)? for purposes of applications based on this 314/2015 Sb. (Group 2) If yes, please state the convention, mechanisms of proceedings on relevant procedures and international protection applications will be then proceed to used. question 11a. If no, proceed to question 10b. Are there any other UN Convention Relating to the Status No. routes through which of Stateless Persons, 1954 stateless people could UNHCR (2014): It is implicit in the 1954 regularise their stay Convention that States must identify and/or access their stateless persons to provide them rights without their appropriate treatment to comply with statelessness being their Convention commitments. SDS.10.b identified or determined? If yes, please describe these and then proceed to question 14a. If no, proceed to question 15a. Please provide details on UNHCR (2016): Efficient referral The Ministry is competent to decide on these OPU how statelessness may mechanisms should be established, applications based on Section 8 d) of the be identified in other while officials who may be in contact Asylum Act. However, even though Supreme Administrative Court procedures. with stateless persons need to be applications have been made since 2016, the (Nejvyšší správní soud) case no. 4 Azs trained to identify potential applicants Ministry has started to act and decide on 365/2018-74 from 12 March 2019 for statelessness status and refer them them only since January 2019. to appropriate channels. Since January 2019, if the statelessness of the applicant has been determined by the Ministry, the applicant is delivered a certificate stating their statelessness under the Convention. However, the certificate is only a proof of statelessness of the applicant - it only tolerates them on the Czech territory without any other rights. The ministry has been refusing to grant SDP applicants a proper legal status. Access to

SDS.11.a procedures However, the Supreme Administrative Court (Group 2) decided in March 2019 that the procedure under Section 8 d) of the Asylum Act should be analogous to the refugee determination procedure, which means that the legal status of applicants during the proceeding should be the same as of asylum seekers. The court relied on the explanatory memorandum to the Asylum Act and also to general considerations of safeguarding basic human rights of applicants and avoiding their legal limbo.

The procedure should be foreseeable, and rules should apply to the Ministry in order to avoid legal limbo - such as rules regarding deadlines for decisions, but also status of persons during the procedure etc. Are there obligations in UNHCR (2016): Access to the Not specified in Czech legislation, the only Asylum Act (ENG) law on authorities to procedure must be guaranteed. provision of these claims is Section 8 d) of the consider a claim of Asylum Act. SDS.11.b statelessness made within another procedure? Are there clear, UNHCR (2014): For procedures to be Not specified. Not a clear procedure Asylum Act accessible instructions fair and efficient, access must be established by law. for stateless people on ensured (dissemination of info, how to claim their rights targeted info campaigns, counselling under the 1954 on the procedures, etc.). Convention and/or be UNHCR (2016): Information on the SDS.11.c identified as stateless? procedure and counselling services must be available to potential applicants in a language they understand. UN Convention Relating to the Status of Stateless Persons, 1954

7 © 2020 European Network on Statelessness. All rights reserved. This country survey is not intended for wider dissemination as a standalone document and should be read in conjunction with (and any reference made to) the Statelessness Index country profile on Czech Republic. Stateless Determination and Status – 2020

Is the examination UNHCR (2014) : States may choose The competent body is the Ministry of the Section 8 d) of Asylum Act and/or identification of between a centralised procedure or Interior, the Department of Asylum and statelessness conducted one that is conducted by local Migration policy (the same body that decides by a centralised body authorities. Centralised procedures on asylum applications). with relevant expertise? are preferable as they are more likely SDS.11.d Please note the to develop the necessary expertise. competent authority UNHCR (2016): It is important that and evaluate examiners develop expertise while appropriateness to ensuring that the procedures are national context. accessible. Is there cooperation UNHCR (2016): Cooperation between UNHCR or Ombudsperson sometimes refer OPU between agencies that actors working on statelessness and cases to OPU. No official cooperation. SDS.11.e may have contact with the various government agencies stateless people? involved in determining statelessness is good practice. Who has the burden of UNHCR (2014): The burden of proof is The burden of proof is in principle shared Asylum Act proof when determining in principle shared (both applicant and according to the Asylum Act (interpretation or identifying examiner must cooperate to obtain by analogy to the refugee determination OPU statelessness (in law and evidence and establish the facts). procedure according to the Asylum Act) but practice)? UNHCR (2016): SDPs must take into in practice, more activity is required from the consideration the difficulties inherent applicant. in proving statelessness. UNHCR Expert Meeting (2010): Individuals must cooperate to Assessment SDS.12.a establish relevant facts. The burden (Group 2) should shift to the State if an individual can demonstrate they are not a national, on the basis of reasonably available evidence. Hoti v. Croatia ECtHR (2018): State has responsibility to at least share the burden of proof with the applicant when establishing the fact of statelessness. What is the standard of UNHCR (2014): States are advised to It is not specified. But in principle, it should Supreme Administrative Court (NSS), proof to evidence adopt the same standard of proof as in be analogous to the standard of proof applied case no. 4 Azs 365/2018 (CZE) statelessness? refugee status determination in decision-making on asylum applications (by (‘reasonable degree’). analogy, also in accordance with the Supreme Inter-Parliamentary Union (2018): The Administrative Court jurisprudence). standard of proof should be in keeping with the humanitarian objectives of statelessness status determination SDS.12.b and the inherent difficulties of proving statelessness in the likely absence of documentary evidence. Hoti v. Croatia ECtHR (2018): If statelessness is a relevant factor in the context of access to human rights, the standard of proof when determining the status of statelessness cannot be too high. Is there clear guidance ENS (2013): Determining authorities The Ministry has only decided on a few cases OPU for decision makers on can benefit from concrete guidance and there are not yet any clear guidelines. how to identify or that sets clear benchmarks and determine statelessness pathways for the establishment of SDS.12.c (including e.g. sources of material facts and circumstances. evidence and procedures for evidence gathering, etc.)? Is free legal aid available UNHCR (2014): Applicants should have It is not specified in the law. To our OPU to stateless people? access to legal counsel; where free knowledge, the only people who have made legal assistance is available, it should claims were OPU clients. Therefore, free legal be offered to applicants without aid has been provided. financial means. Procedural ENS (2013): If state funded legal aid is For asylum seekers, free legal aid is Section 21 Asylum Act SDS.13.a safeguards available, it should be provided to guaranteed (by law). (Group 2) stateless claimants. If there is no state funded legal aid but asylum claimants can access free legal aid free of charge, the same level of access should be provided to stateless people. Do stateless people UNHCR (2014): The right to an Yes. This is not specified by law, but it has OPU always have an individual interview [is] essential. been the practice of the Ministry in the claims opportunity to claim it has dealt with so far. their statelessness in an SDS.13.b interview (whether the purpose of the interview is to identify statelessness or not?) Is free interpreting UNHCR (2014): The right to assistance There has been a case where a free OPU available to stateless with interpretation/translation [is] interpreter was not offered. In other cases, people? essential. the interviews were held in Czech. SDS.13.c ENS (2013): Assistance should be available for translation and interpretation.

8 © 2020 European Network on Statelessness. All rights reserved. This country survey is not intended for wider dissemination as a standalone document and should be read in conjunction with (and any reference made to) the Statelessness Index country profile on Czech Republic. Stateless Determination and Status – 2020

Are decisions (refusals UNHCR (2014): States are encouraged Yes. By analogy with the Asylum Act and Section 24a (1) of Asylum Act and grants) given in to incorporate the safeguard that international protection decisions, and SDS.13.d writing with reasons? decisions are made in writing with according to practice, they are always given OPU reasons. in writing.

Are there any rights UNHCR (2014): The status granted to a The decision that confers the person stateless Act on Residence of Foreign Nationals granted to stateless stateless person in a State Party must status is only declaratory. Upon receiving the in the Czech Republic no. 326/1999 Sb. people on the basis of reflect international standards. decision, the person is informed about the (CZ) “Immigration Act” their statelessness? If Although the 1954 Convention does possibility to regularise their residence status. yes, please provide not explicitly require States to grant a If the person does not a right to reside under Act on Residence of Foreign Nationals details. person determined to be stateless a any other grounds, they are advised to go to in the Czech Republic (ENG) right of residence, granting such the Immigration Police Office, where the “Immigration Act” permission would fulfil the object and Removal Procedure will be started. Then an purpose of the treaty. Administrative expulsion decision is given by Section 33(3) of Immigration Act. the police with the notification that "departure is not possible" according to §179 Section 43 of Immigration Act. of the Act on Residence of Foreigners. The person can then apply for a "Tolerated Stay Section 68.2b) of Immigration Act. Visa", granted by the Ministry. However, this Protection SDS.14.a possibility is not available to persons who (Group 2) have had a criminal expulsion ordered by the criminal court before (which is sometimes the case for not complying with the previous removal order). During this procedure, the stateless person has no rights and legal status, despite the fact that the decision on statelessness has already been issued.

The Tolerated Stay Visa is granted for one year and is renewable after one year for a long term stay for the purpose of tolerated stay on the territory (2 years renewable). After 5 years in total, the person can apply for permanent residence. Are stateless people UN Convention Relating to the Status With the tolerated stay visa: a person can Section 48, 50(3), 113 and 114 of otherwise able to access of Stateless Persons, 1954 apply in order to be part of public health Immigration Act their rights under the UNHCR (2014): The status granted to a insurance after at least one year stay on the 1954 Convention? (e.g. stateless person in a State Party must Visa, when it is renewed in the form of a Section 97 of Czech Employment Act right to reside, travel reflect international standards. It is long-term tolerated stay (but even then, no. 435/2004 (regarding work permit) document, work, recommended that States grant public health insurance is not automatic, it is healthcare, social recognised stateless people a based on discretion of the Ministry of security, education, residence permit valid for at least two Interior). It has been conferred in a few cases housing, family years, although longer permits, such where a request has been made upon reunification, right to as five years, are preferable in the reception of the tolerance stay visa already. vote, etc.)? Please interests of stability. Permits should be provide details. renewable. A special request has to be made to obtain a work permit (it is also not automatic and is subject to criteria set out in the Employment Act).

Along with the visa application, the person can ask for “an for travelling” which is not a but is accepted as an identity by the Czech Immigration Police and some other countries. However, travelling abroad is further complicated for the stateless holders of Tolerated Stay Visa, even if the identity SDS.14.b document for travelling would be accepted by the country they travel to, because the Visa expires once the person leaves the territory of the Czech Republic (which effectively means the stateless person could not come back once leaving the country). For permanent residents, the Czech Republic will issue a foreigner’s passport, which is a regular travel document.

For other convention rights: right to education is granted (it is not linked to specific residence status). Right to family reunification is not granted for holders of tolerated stay visa. It is possible for holders of long-term residence (which can be obtained after 1 year of tolerated stay visa). Right to vote is reserved only to Czech citizens. Legally residing foreigners can under some conditions access social services and social benefits in order to secure housing.

In what timeframe do UN Convention Relating to the Status Generally, it is possible to apply for Section 14 Act on Citizenship (ENG) stateless people acquire of Stateless Persons, 1954: Article 32 naturalisation only after five years of Access to the right to apply for UNHCR (2016): It is recommended permanent residence (which can be gained Section 15 of Act on Citizenship SDS.15.a nationality naturalisation and how that States Parties facilitate, as far as after 5 years of stay based on visas and long- (Group 2) does this compare to possible, the naturalisation of stateless term stay). others with a foreign persons. 9 © 2020 European Network on Statelessness. All rights reserved. This country survey is not intended for wider dissemination as a standalone document and should be read in conjunction with (and any reference made to) the Statelessness Index country profile on Czech Republic. Stateless Determination and Status – 2020

nationality? Please Council of Europe Committee of Other conditions: describe the procedure Ministers (1999): Each State should - knowledge of and note whether this is facilitate the acquisition of its (exemptions for people under 15 and facilitated for stateless nationality by stateless persons over 65, mentally disabled, or if they people (e.g. exemption lawfully and habitually resident on its have studied in Czech for at least 3 years) from territory. - citizenship test (Czech constitution, nationality/language ENS (2013): The main benchmark is if history, geography, with the same tests, fee waiver). there is any preferential treatment for exceptions as above) stateless people compared to the - proof of revenue for the last 3 years general rules applied to those with a - the applicant must not be a burden for foreign nationality. the social security system - no criminal record

If the stateless person holds a permanent residence permit, the special provision says that the requirement of five years of permanent residence can be lifted (at the discretion of the Ministry). Facilitation of naturalisation is also provided by the possibility to lift the condition that the person applying for naturalisation must not be a burden on the social security system. Two conditions can therefore be lifted for stateless persons to facilitate their naturalisation (both also apply to refugees).

The application itself is free. In case of a positive answer a fee must be paid: 2000 CZK for adults and 500 CZK for minors and refugees. Upon discretion of the Ministry, the fee can be reduced to 500 CZK in exceptional cases and to 100 CZK for minors and Act no. 634/2004 on administrative refugees. No mention of stateless persons fees, “Zákon č. 634/2004 Sb., o but they can fall into the category of správních poplatcích, ve znění exceptional cases. pozdějších předpisů”, (CZE) Are there requirements Council of Europe Committee of Czech nationality cannot be obtained if there Section 13 and 14 of Act on Citizenship relating to ‘good Ministers (1999): States should ensure is a previous criminal record. of the Czech Republic character’ or previous that offences, when relevant for the criminal convictions that decision concerning the acquisition of SDS.15.b could prevent some nationality, do not unreasonably stateless people from prevent stateless persons seeking the accessing nationality? If nationality of a state. yes, please describe.

10 © 2020 European Network on Statelessness. All rights reserved. This country survey is not intended for wider dissemination as a standalone document and should be read in conjunction with (and any reference made to) the Statelessness Index country profile on Czech Republic. Detention – 2020

Detention

Item Subtheme Question International Norms & Good Practice Answer Source Are immigration ICCPR Article 9(1) Yes. Detention can be decided by the Articles 124 - 129 of Act No. 326/1999 detention powers ECHR Article 5 (1) Immigration Police for the purpose of Coll. on the stay of foreigners in the provided for in law? expulsion, or by the Ministry of the Interior (if territory of the Czech Republic, as Please provide the legal the person is an asylum-seeker) and there is a amended (the “Immigration Act”). source(s). risk of non-respect of alternative measures. This risk is justified mainly by violation of Article 46a of Asylum Act Detention DET.1.a provisions of Czech law in the past (violation screening of immigration law - irregular status, illegal entry, previous non-respect of expulsion decision, previous non-respect of alternative measures, violation of other Czech laws - criminal record, threat to security or public order) etc. Does domestic law allow ECHR Article 5(1)(f) No. immigration detention DET.1.b for purposes other than those listed under ECHR 5(1)(f)? Does a proposed country ICCPR Article 7: Repeated attempts to No. The only obligation is the existence of a §126 of Immigration Act: purposes of of removal need to be expel a person to a country that reasonable prospect for removal - the detention identified before a refuses to admit them could amount authority has to justify that the removal is in person is detained for to inhuman or degrading treatment. practice possible (this can also be satisfied it Jurisprudence of Supreme removal? Please Auad v Bulgaria ECtHR (2011): The there are more possible countries of removal, Administrative Court, NSS, case no. 1 describe the situation in only issue is whether the authorities but at least one of them is reasonably As 12/2009 – 61 from 15 April 2009 law and in practice. were sufficiently diligent in their expected to be the one where removal will be DET.1.c efforts to deport the applicant. successful). In practice, the authorities EU Returns Directive: Any detention identify the state where the person will be OPU casework shall only be maintained as long as returned in the decision on detention removal arrangements are in progress (although this country can change based on and executed with due diligence. new information that comes up during the proceeding, when the person may still be detained). Is statelessness Auad v Bulgaria ECtHR (2011) Statelessness can be relevant in an individual §126 of Immigration Act: purposes of juridically relevant in Mikolenko v. Estonia ECtHR (2009): case, as an obstacle to removal. Detention is detention decisions to detain? Detention may only be justified as only justifiable where there is a reasonable Please describe how long as deportation proceedings are prospect of removal. Statelessness or Returns directive, Article 15.4. When (risk of) statelessness is being conducted with due diligence. impossibility to return a person constitutes it appears that a reasonable prospect identified and whether UNHCR (2014): Routine detention of an obstacle to removal. Therefore, it can be a of removal no longer exists for legal or referral to an SDP is individuals seeking protection on the relevant argument (in court). The primary other considerations or the conditions possible from detention. grounds of statelessness is arbitrary. focus is nevertheless on the possibility of laid down in paragraph 1 no longer Equal Rights Trust (2012): States must return, not on statelessness. In practice, it exist, detention ceases to be justified identify stateless persons within their often takes a long time before the and the person concerned shall be territory or subject to their jurisdiction impossibility to remove the person because released immediately. DET.1.d as a first step towards ensuring the of statelessness is established, while the protection of their human rights. person is in detention. Jurisprudence of Supreme International Commission of Jurists Administrative Court, NSS, case no. 1 (2014): The detention of stateless It is possible to apply for determination of As 12/2009 – 61 from 15 April 2009 persons can never be justified when statelessness from detention. The application there is no active or realistic progress is made in writing to the Ministry of the towards transfer to another State. Interior with the help of the lawyer present in the detention centre. However, we do not OPU have any practice yet about the legal consequences of this claim (if the procedure is initiated in detention, if it can constitute a reason for release etc.) Are stateless people Yes. In practice, no assessment of §121 of Immigration Act detained in practice? statelessness is done by authorities prior to rendering a detention decision. Therefore, OPU statelessness often comes out later when the DET.1.e person is detained. However, even a recognised stateless person can be detained because they can be (in theory) removed according to law. Does law (and/or policy) UNHCR (2014): Detention is a measure There is a need to assess whether §124 and §124b, §129 of Immigration provide that immigration of last resort and can only be justified alternatives to detention would be effective Act detention should be where other less invasive or coercive in each individual case, but the authorities do used only as a last measures have been considered and not have to exhaust those alternatives prior §46a of Asylum Act resort, after all found insufficient. to detention. In practice, the police justify the alternatives have been EU Returns Directive: Article 15(1) ineffectiveness of alternative measures by exhausted in each the risk of non-respect of the removal OPU casework individual case? decision (with regard to the violation of Czech immigration laws in the past, the level of DET.1.f integration, official address where the person is registered, etc.)

For asylum-seekers detained for transfer under the Dublin procedure, the detention condition is a risk of absconding. The risk of absconding is justified mainly if the person §129 (4) of Immigration Act has previously stayed irregularly on the territory, has not accepted in the past the transfer decision or has tried to abscond, has 11 © 2020 European Network on Statelessness. All rights reserved. This country survey is not intended for wider dissemination as a standalone document and should be read in conjunction with (and any reference made to) the Statelessness Index country profile on Czech Republic. Detention – 2020

expressed the intention not to leave the country or if this intention is obvious from their behaviour. Risk of absconding is also justifiable when the country responsible for the applicant is not a neighbour state and the asylum seeker cannot legally travel to that state or has not given any address of stay on the Czech territory. Are individual ENS (2015): Arbitrary and Vulnerability is assessed only in the context of Section 124 et seq. of the Immigration vulnerability disproportionately lengthy detention detention of asylum seekers by the Ministry Act assessments carried out can ensue when the particular of the Interior. In the context of immigration before a decision to vulnerabilities of stateless people are detention, which is decided by the Section 46a of the Asylum Act detain (or soon after)? not addressed. Immigration Police, the law does not provide Please note whether EU Returns Directive: Article 16(3) for any relevance of individual vulnerability statelessness is EU Returns Handbook (2017): for the decision-making on detention and in DET.1.g considered to be a factor Attention should be paid to the practice no vulnerability assessment is carried increasing vulnerability. specific situation of stateless persons. out. Statelessness is not considered to be a Council of the European Union (2013): vulnerability factor - neither in the context of European entities should assess the immigration detention, nor for the purpose of situation of LGBTI persons in detention of asylum-seekers. No special detention. treatment for stateless persons is provided for in law. Are alternatives to ICCPR Article 9 Yes. Authorities have to consider all Articles 123b-129 of Immigration Act detention established in FKAG v Australia HRC (2013): Any alternatives to detention in each individual law and considered prior decision relating to detention must case prior to rendering a decision to detain. to any decision to consider less invasive means of Alternatives vary for persons detained for detain? achieving the same ends. removal (or Dublin transfer) and for detained UN General Assembly (2009): Calls asylum-seekers. upon all States to adopt alternative measures to detention. For people subject to removal or transfer UNHCR (2014): Detention can only be (according to §123b of Immigration Act): justified where other less invasive or - selection of the address where the person coercive measures have been is required to stay (for check-ups) considered and found insufficient. - bail Human Rights Council (2012): The - regular reporting at the Immigration obligation to always consider Police station Alternatives DET.2.a alternatives before resorting to to detention detention should be established by As of 31 July 2019, with an Immigration Act law. Amendment, a new alternative measure has EU Returns Directive: Article 15(1) been introduced: designation of residence by Equal Rights Trust (2012): States have the police and obligation to be present there an obligation to consider and apply for check-ups appropriate and viable alternatives to immigration detention that are less Alternatives for asylum seekers according to coercive and intrusive. §47 of Asylum Act: International Detention Coalition - obligation to stay in residential centre for (2015): Immigration detention should asylum-seekers be used only as a last resort in regular reporting at the Ministry of the Articles 46a and 47 of Asylum Act exceptional cases after all other Interior office (Asylum Department) options have been shown to be inadequate in the individual case. Is there evidence that As above. Yes. In practice, alternatives are used only in Czech Ombudsperson Office immigration detention is minimum of cases. DET.2.b used in practice prior to all alternatives being considered? Is there a maximum time UN Human Rights Council (2010): A Yes. The maximum time period is 180 days. Article 125 of Immigration Act period for immigration maximum period of detention must be This period can be further prolonged if the detention set in law? established by law and upon expiry person or the country of origin do not What is it? the detainee must be automatically cooperate but cannot exceed in total 545 released. days. For families with children, foreigners UNHCR (2012): To guard against under 18 years of age and unaccompanied Article 46a(5) of Asylum Act Procedural DET.3.a arbitrariness, maximum periods of minors it is 90 days. For asylum seekers, it is safeguards detention should be set in national 120 days. law. EU Returns Directive: Article 15(5) Equal Rights Trust (2012): Detention should always be for the shortest time possible. Does law/policy provide UN General Assembly (1988): Anyone Yes. The police must render a decision to Article 124, 124b, 125 of Immigration that individuals must be who is arrested shall be informed at detain in 48 hours after arrest. In this Act informed in writing of the time of the reason for his arrest. decision it must set out the legal basis for the reasons for their EU Returns Directive: Detention shall detention with reasoning, the initial duration immigration detention? be ordered in writing with reasons of detention with regard to the steps being given in fact and in law. necessary to conduct the removal. Equal Rights Trust (2012): Stateless detainees shall receive their order of If the person applied for asylum in detention, DET.3.b detention in writing and in a language the ministry has a possibility to render a they understand. decision to detain (maximum after 5 days Article 46a(4), (5), (6), (7) of Asylum International Commission of Jurists from asylum application). The Ministry must Act (2014): The authorities shall ensure set out the initial duration of detention. that sufficient information is available to detained persons in a language they understand on the nature of their detention and reasons for it.

12 © 2020 European Network on Statelessness. All rights reserved. This country survey is not intended for wider dissemination as a standalone document and should be read in conjunction with (and any reference made to) the Statelessness Index country profile on Czech Republic. Detention – 2020

Are detainees provided Equal Rights Trust (2012): Detaining The police must notify the person about the Article 124(7) of Immigration Act with information on authorities are urged to provide possibility to request release after 1 month or their rights, contact stateless detainees with a handbook in to appeal immediately to the court against details of legal advice a language and terms they the detention decision. In every detention Article 46a (6), (7) of Asylum Act and support providers, understand, containing information on facility, detainees are provided with and guidance on how to all their rights and entitlements, information about free legal counselling DET.3.c access an SDP? contact details of organisations which (contact, schedule). No guidance on the are mandated to protect them, NGOs possibility to apply for determination of and visiting groups and advice on how stateless is provided in practice, neither in OPU to challenge the legality of their immigration detention facilities nor in the detention and their treatment as detention facility for asylum seekers detainees. (Reception Centre). Are there regular Kim v Russia ECtHR (2014): The There is a possibility to appeal to the court §172 of Immigration Act. periodic reviews of purpose of Article 5(4) ECHR is to against the detention decision immediately detention before a court guarantee to persons who are (deadline of 30 days). After the first review is or independent body, detained the right to judicial finished, it is possible to appeal 30 days after which can order release? supervision of the lawfulness of the the publication of the previous negative measure. decision of the court. Often in practice the Equal Rights Trust (ERT) (2012): To person has a chance to challenge the avoid arbitrariness, detention should detention decision only once (the court often DET.3.d be subject to automatic, regular and sends the final version of the negative periodic review throughout the period decision in 30 days (which is the maximum of detention, before a judicial body deadline) and an appeal can be done only independent of the detaining after that. However, every subsequent authorities. decision on prolongation of detention can also be challenged before a court. The review of detention occurs only if the detainee requests one. What remedies are ICCPR Article 9(4) Yes. There is a possibility to appeal to the §172 of Immigration Act. available to challenge ECHR: Article 5(4) court against the detention decision detention? Please Kim v Russia ECtHR (2014): The immediately (deadline of 30 days for the § 129a of Immigration Act mention any obstacles purpose of Article 5(4) ECHR is to detainee). In case of a negative decision, it is to accessing effective guarantee to persons who are possible to lodge a complaint to the Supreme §46a (7) of Asylum Act remedies in practice. detained the right to judicial Administrative Court (deadline of 14 days supervision of the lawfulness of the after the publication of the judgment). measure. However, in case of a negative decision, the Alimuradov v. Russia ECtHR (2019): court often publishes the judgment in writing The individual must have at their on the last day of its deadline (30 days) an disposal a procedure for judicial only after that is it possible to lodge a review of the lawfulness of detention complaint. In case of a positive decision, the DET.3.e capable of leading to release. writing is immediate, and the person should be released without delay.

Apart from the appeal to the court against the detention decision, there is also a possibility to request release by the authority Act no. 82/1998 coll., on State that decided to detain (the Immigration Liability caused by exercise of public Police or the Ministry of the Interior), every authority by decision or by wrong month. The request for release is admissible administrative action 30 days after the final (negative) decision of “Zákon o odpovědnosti za škodu the court. If unlawful detention is found by způsobenou při výkonu veřejné moci the court, there is a possibility to ask for rozhodnutím nebo nesprávným damages. úředním postupem”, (CZE) Are there guidelines in Equal Rights Trust (2012): The inability Not known. These steps are undertaken by OPU place governing the of a stateless person to cooperate the Immigration Police within the process of re- with removal proceedings should not implementation of the return decision documentation and be treated as non-cooperation. (forced return), it communicates with the DET.3.f ascertaining entitlement ENS (2015): The detaining state should respective countries of origin and asks them to nationality for the have rules in place that govern the to issue travel documents to the person, so purpose of removal? process of re-documentation and/ or that they can be returned. However, there is ascertaining entitlement to no publicly available information on specific nationality. rules that govern this activity of the police. Is free legal aid available UNHCR (2014): Judicial oversight of Yes. Free legal aid is provided regularly AMIF Project - OPU to challenge detention? detention is always necessary and (weekly) in every detention facility. The Please describe any detained individuals need to have detained person is notified upon arrival about barriers to accessing access to legal representation, the schedule of the legal service. They can DET.3.g legal aid in practice. including free counselling for those opt for representation by an NGO working without means. with migrants or the court can appoint an EU Returns Directive: Article 13(3) attorney in law that is free of charge for the detainee. Are people released UN Convention Relating to the Status No. OPU from detention issued of Stateless Persons, 1954: Article 27 with identification UNHCR (2014): Being undocumented documents (including cannot be used as a general confirmation of their justification for detention. stateless status) and ENS (2015): State parties to the 1954 protected from re- Convention have an obligation to Protections DET.4.a detention? provide stay rights to stateless people on release who have been released from detention. Equal Rights Trust (2012): Released stateless detainees should be provided with appropriate documentation and stay rights suitable to their situation.

13 © 2020 European Network on Statelessness. All rights reserved. This country survey is not intended for wider dissemination as a standalone document and should be read in conjunction with (and any reference made to) the Statelessness Index country profile on Czech Republic. Detention – 2020

If the purpose of Saïd Shamilovich Kadzoev v Direktsia In principle no legal status is granted on Practice of the Immigration Police - no detention cannot be Migratsia’ pri Ministerstvo na release, the person is given a one-month legal provision. fulfilled and the person vatreshnite raboti ECJ (2009): After departure order visa, in practice for 30 days is released, what legal the maximum period of detention has even if the person does not hold any travel OPU status and rights are expired, the person must be released document. However, this is not a long-term provided to them in law? immediately. A lack of valid solution and after 30 days the person is in documentation or inability to support limbo again. The law does not currently DET.4.b themselves should not be a deterrent provide any legal possibility of obtaining a to release. status or identification document if the Equal Rights Trust (2012): Released person cannot be returned. stateless detainees should be provided with appropriate documentation and stay rights suitable to their situation. If re-detention occurs, is Equal Rights Trust (2012): When No. There is no provision mentioning Article 125 of Immigration Act the cumulative time calculating the total time spent by an cumulative detention - the maximum time is spent in detention individual in detention, it is highly always counted separately for each DET.4.c counted towards any desirable that time spent in detention detention. maximum time limits? on previous occasions is taken into consideration. Is statelessness UNHCR (2014) : Efforts to secure The Czech Republic mostly implements EU Agreement between the Czech considered a juridically admission or readmission may be Readmission Agreements where stateless Republic and the Republic of Kosovo relevant fact in any justified but these need to take place persons are considered (for ex. Readmission on the readmission of persons residing bilateral readmission subsequent to a determination of Agreement with Serbia or Ukraine). As for without authorisation, no. 12/2013- and/or return statelessness. the bilateral agreements, statelessness is safeguards for persons born on the agreements? generally considered – a procedure to territory of ex-Yugoslavia, interviews determine nationality or statelessness is to determine nationality etc. Return and considered in some bilateral agreements (e.g. DET.5.a readmission the agreement with Kosovo), in most of agreements them, there are paragraphs for readmission of third country nationals including stateless persons (Poland – 65/2013, Romania- 148/1994, Moldavia 117/2004, etc.). The only bilateral agreement that does not mention stateless persons at all is the one with Vietnam (26/2008). Are you aware of cases No. of cases of stateless DET.5.b people being returned under such agreements?

14 © 2020 European Network on Statelessness. All rights reserved. This country survey is not intended for wider dissemination as a standalone document and should be read in conjunction with (and any reference made to) the Statelessness Index country profile on Czech Republic. Prevention and Reduction – 2020

Prevention and Reduction Item Subtheme Question International Norms & Good Practice Answer Source Is there a provision in UN Convention on the Reduction of Yes. Section 5, Act on Citizenship of the law for stateless children Statelessness, 1961: Article 1 Czech Republic no. 183/2013 born on the territory to European Convention on Nationality, (available in ENG) be granted nationality? 1997: Article 2 [If yes, continue to Convention on the Rights of the Child PRS1b. If no, proceed to 1989: PRS1h] Article 7 Committee on the Rights of Migrant Workers and Members of their Stateless Families & Committee on the Rights of PRS.1.a born on the Child (2017): States should territory strengthen measures to grant nationality to children born in their territory in situations where they would otherwise be stateless. European Parliament (2018): The EU and its MS should ensure that childhood statelessness is adequately addressed in national laws in full compliance with Article 7 CRC. Is the provision for UNHCR (2012): The 1961 Convention It is automatic: acquisition upon birth if both Section 5 and 29 of Citizenship Act otherwise stateless provides Contracting States with two parents are stateless. If they are not, it is non- children to acquire alternatives for granting nationality to automatic and an application has to be made, nationality automatic or otherwise stateless children born in which is decided by the Ministry of Interior non-automatic (i.e. by their territory: either automatic application)? acquisition upon birth or upon PRS.1.b application. ENS (2015): The 1961 Convention and the ECN oblige the conferral of nationality to otherwise stateless children born on the territory. The optimal method is to grant nationality automatically at birth. Is it a requirement that UNHCR (2012): The test is not an Both parents must be stateless in order to Section 5 of Citizenship Act the parents are also inquiry into whether a child’s parents automatically acquire Czech nationality. stateless for the are stateless. Other children born stateless on the territory otherwise stateless child ENS (2015): Only allowing access to have to lodge an application for nationality PRS.1.c to acquire nationality? nationality for stateless children and in this proceeding, there is no whose parents are stateless fails to requirement that the parents have to be account for the circumstance where stateless too. the parents hold a nationality but are unable to pass this on. Are stateless children UNHCR (2012): A Contracting State Yes. In case both parents are stateless, the Section 5 and 29, Subpart 4, Section 41 required to prove they cannot avoid the obligations to grant acquisition is automatic. Otherwise, stateless and following of Citizenship Act cannot access another its nationality to a person who would children have to apply for a Certificate of nationality to acquire otherwise be stateless based on its Czech Citizenship (CCC) - in this case they the nationality of the own interpretation of another State’s have to prove that the child has not become country of birth? If yes, nationality laws. The burden of proof stateless only because the parent who holds please describe how this must be shared between the claimant a nationality failed, without serious reasons, PRS.1.d is determined in and the authorities. Decision-makers to take necessary steps before the authorities practice. must consider Articles 3 & 7 CRC and of their country of nationality that would adopt an appropriate standard of ensure that the child obtains the nationality proof. Special procedural of that country upon birth. considerations to address the acute challenges faced by children in communicating basic facts about their nationality should be respected. Is a stateless child born UN Convention on the Reduction of No. Acquisition at birth (automatic) or on Section 5 and 29 of Citizenship Act on the territory required Statelessness, 1961: Article 1(2) application which can be lodged immediately to fulfil a period of UNHCR (2012): States may stipulate after birth. residence to be granted that an otherwise stateless individual nationality? If yes, born in its territory fulfils a period of please specify length ‘habitual residence’ (understood as and if this must be legal stable, factual residence, not legal or residence. formal residence) not exceeding five years preceding an application nor ten years in all. PRS.1.e Convention on the Rights of the Child, 1989: Articles 3 & 7 Committee on the Rights of the Child (2015): Recommends the State party ensure that all stateless children born in its territory, irrespective of residency status, have access to nationality without any conditions. European Convention on Nationality, 1997: Article 6(2)(b) Are the parents of a Committee on the Rights of the Child At least one of the parents must have legal Section 5 and 29 of Citizenship Act stateless child required (2011): The outcome of an application residence, which is at least temporary to fulfil a period of by the parents of a child born on the residence on the Czech territory of more than PRS.1.f residence for the child to territory should not prejudice the right 90 days, at the time of the child’s birth. This be granted nationality? of the child to acquire the nationality requirement is always there - both for the If yes, please specify of the State. automatic acquisition of nationality if both 15 © 2020 European Network on Statelessness. All rights reserved. This country survey is not intended for wider dissemination as a standalone document and should be read in conjunction with (and any reference made to) the Statelessness Index country profile on Czech Republic. Prevention and Reduction – 2020

length and if this must ENS (2015): Demanding that the child parents are stateless, and for the grant of be legal residence. or their parents reside lawfully on the nationality by application if both parents are territory is prohibited by the 1961 not stateless. Convention. What are the age limits UN Convention on the Reduction of No limit. A person can apply to the (if any) for making an Statelessness, 1961: Article 1(2) competent authority (by place of birth) any application for UNHCR (2012): Contracting States time. nationality for a need to accept applications lodged at stateless person born on a time beginning not later than the age the territory? of 18 and ending not earlier than the PRS.1.g age of 21. ENS (2015): Closing the window of opportunity to apply for a nationality has the effect of leaving it in the hands of parents to take the necessary steps to secure a nationality for their child. Are there specific UNHCR (2012): Where the nationality Yes. Section 29 of the Citizenship Act Section 29.4 of Citizenship Act provisions to protect the of the parents can be acquired provides that: The citizenship of the Czech

right to a nationality of through a registration or other Republic pursuant to Article (1) above shall children born to procedure, this will be impossible not be granted to a child who became refugees? owing to the very nature of refugee homeless as a result of the fact, that their status which precludes refugee parent failed, without any serious reason, to parents from contacting their consular contact the respective authorities in the authorities. country they are a citizen of and take steps necessary for the child to be granted citizenship of that country. Should the parent have received, in the period when such steps PRS.1.h could have been taken, international protection in the Czech Republic in the form of asylum or supplementary protection, such fact shall be perceived as a serious reason pursuant to the first sentence above.

Holding the status of refugee in the Czech Republic (asylum or subsidiary protection) is considered as a serious reason in practice by the Ministry.

Are foundlings granted UN Convention on the Reduction of Yes. Foundlings acquire Czech nationality on Section 10 and 30 of Citizenship Act nationality automatically Statelessness, 1961: Article 2 the day they are found, if they are under by law? If not automatic, European Convention on Nationality, three. Foundlings over three years-old, whose please describe the 1997: Article 6(1)(b) identity cannot be established because of procedure. their young age or disability, acquire Czech nationality upon application lodged by a guardian. Section 10 of the Citizenship Act provides that a child under three found on the territory, whose identity is not known, PRS.2.a Foundlings acquires Czech nationality the day they are found if in a period of 6 months the authority has not found out that the child has acquired the nationality of another state. If there is a doubt about the day of the finding, the Ministry of Interior decides upon a date of acquisition of nationality, in a procedure initiated by a legal guardian or by the authority.

Is there an age limit (e.g. UNHCR (2012): At a minimum, the No. For foundlings aged three and over, the Section 10 of Citizenship Act ‘new-born’ or ‘infant’) in safeguard should apply to all young acquisition of nationality is not automatic, law or practice children who are not yet able to but the application can be lodged by their PRS.2.b specifying when a communicate information about the guardian - there is no age limit, which is an foundling would qualify identity of their parents or their place example of good practice. for nationality? of birth. Can nationality be UNHCR (2012): Nationality acquired by No. withdrawn from foundlings may only be lost if it is PRS.2.c foundlings if this leads to proven that the child possesses statelessness? another nationality. Where a child national is UN Convention on the Reduction of No. In order to lose Czech nationality, the Section 40 of Citizenship Act adopted by foreign Statelessness, 1961: Article 5 parents must prove the child has or will parent(s), does the child ENS (2015): Children may be exposed acquire another nationality. There are lose their original to a (temporary) risk of statelessness safeguards under Section 40.7 and 9 (see PRS.3.a Adoption nationality before the during the adoption process due to Withdrawal of Nationality). new nationality is the nationality law of the child’s acquired? country of origin.

Does a foreign child European Convention on Nationality, Yes. Nationality is acquired upon adoption if Section 8 of Citizenship Act adopted by national 1997: Article 6(4)(d) at least one parent is a Czech national. parents acquire Committee on the Rights of the Child Acquisition of nationality occurs only after Section 45 of Citizenship Act nationality? Please (2015): Ensure that the child is not the adoption has been accepted by a national PRS.3.b specify any age limits stateless or discriminated against authority, or when an adoption decided by a and/or risk of during the waiting period between foreign authority has been accepted statelessness during the arrival and formal adoption. according to private international law by adoption process. Czech authorities. No limits or risks of statelessness found.

16 © 2020 European Network on Statelessness. All rights reserved. This country survey is not intended for wider dissemination as a standalone document and should be read in conjunction with (and any reference made to) the Statelessness Index country profile on Czech Republic. Prevention and Reduction – 2020

Can children born to UN Convention on the Reduction of Yes. At least one of the parents must be a Section 8 of Citizenship Act nationals abroad acquire Statelessness, 1961: Article 4 Czech national. nationality by descent UNHCR (2012): Where a child who (ius sanguinis) in general would otherwise be stateless is born and/or if they would to parents of another Contracting PRS.4.a Ius sanguinis otherwise be stateless? State but does not acquire the nationality of the State of birth responsibility falls to the Contracting State of the parents to grant its nationality to the child. Are there any Genovese v. Malta ECtHR (2011): The Not to our knowledge. Citizenship Act discriminatory state must ensure that the right to conditions in law and/or nationality is secured without Czech Ombudsperson’s Office practice for the discrimination. acquisition of nationality CEDAW Gen. rec. No. 32, 2014: by descent (e.g. Requires States parties to ensure that PRS.4.b differential treatment of women and men have equal rights to children born out of confer their nationality to their wedlock, rights of children and that any obstacles to father/mother/same-sex practical implementation of such laws parents to confer are removed. nationality, etc.)? UNHCR (2014): Action 4

Does the law provide Convention on the Rights of the Child, Yes. The registration of children is done by Act on Birth registry (zákon o that all children are 1989: Article 7 the facility where the child was born. In case matrikách) no. 301/2000 Sb. (CZE) registered immediately International Covenant on Civil and of home birth, parents must register their upon birth regardless of Political Rights, 1966: Article 24(2) child at the birth registry according to the the legal status and/or Council of Europe (2009): Member place of birth. The documentation to be § 15 of Act on Birth registry documentation of states should register the birth of all presented for registration varies according to parents? children born on their territory even if the situation: they are born to a foreign parent with - if the child is born to a married couple, §16 of Act on Birth Registry an irregular immigration status or the one of the parents must present their ID parents are unknown. or passport Birth PRS.5.a UNHCR (2012): Article 7 CRC applies - if the father is known, the mother registration irrespective of the nationality, presents her birth certificate statelessness or residence status of - if a child is born to an unmarried couple, the parents. both parents must present their birth UNHCR (2014): Action 7 certificates UN Sustainable Development Goal The obligation to present documentation can 16.9 be waived for reasons deserving special concern, mainly in the case of applicants for international protection, refugees granted asylum or subsidiary protection. In this case a § 16.6 Act on Birth Registry solemn declaration is sufficient. Are all children issued UN Human Rights Council, Resolution Yes. All children, regardless of their Act on Birth registry with birth certificates A/HRC/RES/20/4: Underscores the nationality, will get a Czech birth certificate, upon registration? If no, importance of effective birth issued by the birth registry. The birth please describe legal registration and provision of certificate is issued within 30 days from the status of documentation documentary proof of birth birth notification. issued. irrespective of immigration status and that of parents or family members. Committee on the Rights of Migrant PRS.5.b Workers and Members of their Families & Committee on the Rights of the Child (2017): Take all necessary measures to ensure that all children are immediately registered at birth and issued birth certificates, irrespective of their migration status or that of their parents. Is the child’s nationality Convention on the Rights of the Child, The child’s nationality is not recorded in the Act on Birth Registry determined or recorded 1989: Articles 3 & 7 birth registry nor the birth certificate. If the upon birth registration? child acquires Czech nationality by birth, only Ministry of the Interior, Acquisition of If yes, please describe a birth certificate is needed. If a Czech child is Czech citizenship (CZE) how and by whom (e.g. born outside of the Czech Republic, they if the mother/father’s must be registered in a special birth registry Ministry of the Interior, Children born PRS.5.c nationality is recorded to get a Czech birth certificate. If a child that on the Czech territory (CZE) and/or automatically does not acquire Czech nationality is born, attributed to the child, if parents have an obligation to apply for a visa there’s a formal for them within a deadline of 60 days. procedure, if Parents’ nationality is mentioned on the birth information on both certificate. parents is recorded etc.) If a child’s nationality is Convention on the Rights of the Child, The child’s nationality will be determined Ministry of the Interior, Acquisition of not determined or 1989: Articles 3 & 7 when they apply for a Czech passport or for Czech citizenship (CZE) recorded upon birth UN Convention on the Reduction of an ID, or visa. In case of a doubt, parents registration, is there a Statelessness, 1961: Articles 1 & 4 have to apply for a Certificate of Czech legal framework to UNHCR (2012): States need to Citizenship (CCC), at the birth registry Citizenship Act determine the child’s determine whether a child would according to the place of birth. PRS.5.d nationality later? If yes, otherwise be stateless as soon as please describe the possible so as not to prolong a child’s procedure, including the status of undetermined nationality. legal grounds, deadlines Such a period should not exceed five and competent years. authority.

17 © 2020 European Network on Statelessness. All rights reserved. This country survey is not intended for wider dissemination as a standalone document and should be read in conjunction with (and any reference made to) the Statelessness Index country profile on Czech Republic. Prevention and Reduction – 2020

Are there credible Committee on the Rights of Migrant Not known. reports to suggest that Workers and Members of their children are prevented Families & Committee on the Rights of from registering in the Child (2017): Urge States parties to practice because of take all necessary measures to ensure parents’ legal status or that all children are immediately other reasons (please registered at birth and issued birth specify)? certificates, irrespective of their migration status or that of their parents. Legal and practical obstacles to birth registration should be removed. Global Compact for Safe, Orderly and Regular Migration: States will PRS.5.e contribute resources and expertise to strengthen the capacity of national civil registries to facilitate timely access by refugees and stateless persons to civil and birth registration. Global Compact on Refugees: States commit to fulfil the right of all individuals to a legal identity and ensure that migrants are issued documentation and civil registry documents. European Parliament Resolution (2019): Calls on Member States to take immediate corrective measures to stop discriminatory birth registration. Are there mandatory Committee on the Rights of Migrant Not known. reporting requirements Workers and Members of their that would deter Families & Committee on the Rights of undocumented parents the Child, JGC No. 4 (2017) and JGC from coming forward to No. 3 (2017): Legal and practical register their children obstacles to birth registration should (e.g. health or civil be removed, including by prohibiting registry authorities data sharing between health providers required to report or civil servants responsible for undocumented registration with immigration migrants)? enforcement authorities; and not requiring parents to produce documentation regarding their migration status. Children’s personal PRS.5.f data, in particular biometric data, should only be used for child protection purposes. Council of Europe: ECRI General Policy Recommendation No. 16(2016) on safeguarding irregularly present migrants from discrimination: States should clearly prohibit the sharing of information about migrants suspected of irregular presence with immigration authorities. These firewalls must be binding on state authorities and the private sector.

Is there a statutory Committee on the Rights of Migrant Yes. The registration is done by the facility § 15 Act on Birth registry deadline for birth Workers and Members of their where the child is born. In other cases (e.g. registration? If yes, Families & Committee on the Rights of home birth), parents (or legal guardians) have please state the the Child (2017): Measures should also the obligation to register their child at the deadline and whether be taken to facilitate late registration birth registry according to the place of birth. late birth registration is of birth and to avoid financial If neither of these happens, the first person PRS.5.g possible in law and penalties for late registration. that has knowledge of the birth must notify practice. UN Human Rights Council, Resolution it. The notification is done within 3 days A/HRC/RES/20/4: Calls upon States to (latest) from birth. The mother will notify the ensure free birth registration, birth within 3 days of the time she is capable including free or low-fee late birth of it. The person that found out about the registration, for every child. birth notifies it within 3 days of finding out about the birth. Are there additional As above Transgression of the obligation to register a Article 79a of Act on Birth Registry requirements for late new-born is a criminal offence under the birth registration (e.g. Criminal Offence Code (zákon o přestupcích) fees, documents, court and under the Birth Registry Act. It can be PRS.5.h procedure)? Please punishable by a fine up to 5000 CZK. describe the procedure including the competent authority and procedural deadlines. Does the government UNHCR (2014): Action 7 Not known. have any programmes in place to promote civil PRS.6.a Reduction registration (including birth registration)? If yes, please provide details. 18 © 2020 European Network on Statelessness. All rights reserved. This country survey is not intended for wider dissemination as a standalone document and should be read in conjunction with (and any reference made to) the Statelessness Index country profile on Czech Republic. Prevention and Reduction – 2020

Are there particular UN Convention on the Reduction of In the Czech Republic, statelessness is linked OPU, Ombudsperson Office sections of the Statelessness, 1961: Article 9 mainly with migration (not with specific population - such as UNHCR (2014): Action 4 ethnicities). Little attention is paid to this minority groups or UN Human Rights Council (2019): issue. No study has been conducted so far people affected by States should take legislative, about the Romani population. UNHCR UNHCR, Faces of Statelessness in the PRS.6.b conflict - believed to be administrative and policy measures recommended in its mapping study that the Czech Republic, December 2020 stateless/at risk of aimed at eliminating statelessness Government conduct a study on risk of statelessness? Please affecting minorities. statelessness among in situ/ethnic minority provide details and populations. source of information. Has the Government UN Convention on the Reduction of No. implemented any other Statelessness, 1961 measures specifically UNHCR (2014): Actions 1 & 8 aimed at reducing (risk UNHCR (2015): States parties to the of) statelessness? (e.g. 1954 Convention are required to help identification, stateless persons become naturalised PRS.6.c registration or nationals. naturalisation campaigns, removal of treaty reservations, reform of discriminatory laws, etc.) Are there any provisions UN Convention on the Reduction of No. There are no provisions on deprivation of Section 40 of Citizenship Act on deprivation of Statelessness, 1961: Article 8 & 9 nationality in Czech Law, only voluntary nationality that could European Convention on Nationality, renunciation (see below). render a person 1997: Article 7(3) stateless? Please state Universal Declaration of Human whether there is a Rights: Article 15(2) safeguard against Principles on Deprivation of statelessness Nationality and the Draft established in law and Commentary: Principle 2.2: on what grounds Deprivation of nationality refers to any deprivation of loss, withdrawal or denial of nationality may result in nationality that was not voluntarily statelessness (e.g. requested by the individual; Principles national security, fraud, 4, 5 & 6 Deprivation etc.). Report of the Secretary-General on PRS.7.a of nationality Human Rights and Arbitrary Deprivation of Nationality (2009): para. 23 UNHCR Guidelines on Statelessness No.5 (2020): the prohibition of arbitrary deprivation of nationality also includes situations where there is no formal act by a State but where the practice of its competent authorities clearly shows that they have ceased to consider a particular individual/group as national(s) (e.g. where authorities persistently refuse to issue or renew documents without providing an explanation or justification). Who is the competent UN Convention on the Reduction of For voluntary renunciation, the competent Section 40.3 of Citizenship Act authority for deprivation Statelessness, 1961: Article 8(4) authority is the Czech Embassy in the country of nationality and what European Convention on Nationality, of the place of residence of the applicant or procedural safeguards 1997: Article 11 of the country of the nationality the person are in place (e.g. due Principles on Deprivation of has applied for or the regional office in process, fair trial, Nationality: Principle 7. Deprivation of respect of the last place of permanent participation in the nationality must be carried out in residency of the declarant on the territory of proceedings, legal aid, pursuance of a legitimate purpose, the Czech Republic. Should the declarant judicial oversight, provided for by law, necessary, never have had a permanent residency on PRS.7.b appeal, time limit, proportionate and in accordance with the territory of the Czech Republic, the subject to prior procedural safeguards; Principle 8: competent authority shall be the Office of the sentencing)? Everyone has the right to a fair trial or Municipality Prague 1. To record the hearing and to an effective remedy voluntary renunciation, there is the and reparation. information system of the central register of persons who had acquired or lost the nationality of the Czech Republic. The Central Section 50 of the Citizenship Act Register is maintained by the Ministry of the Interior. Are provisions on Not applicable. deprivation of nationality that may PRS.7.c render a person stateless applied in practice? Are there safeguards in UN Convention on the Reduction of Yes. There is a safeguard against Section 40.7 Citizenship Act law and practice to Statelessness, 1961: Article 7 statelessness arising in the process of a prevent renunciation or European Convention on Nationality, declarant acquiring another nationality. Section 40.9 Citizenship Act PRS.7.d other forms of voluntary 1997: Articles 7 and 8 Czech law also accepts dual nationality, which loss of nationality from is a further safeguard preventing resulting in statelessness. statelessness?

19 © 2020 European Network on Statelessness. All rights reserved. This country survey is not intended for wider dissemination as a standalone document and should be read in conjunction with (and any reference made to) the Statelessness Index country profile on Czech Republic. Prevention and Reduction – 2020

Are there any provisions Principles on Deprivation of No. on deprivation of Nationality Principle 4: States shall not nationality in a national deprive persons of nationality for the security context purpose of safeguarding national (regardless of whether security. Where provisions exist, these PRS.7.e they could render a should be interpreted narrowly and in person stateless)? accordance with international law Please describe these standards. provisions and if/how they are applied in practice. Are there any provisions ICCPR: Article 26 No. on deprivation of UN Convention on the Reduction of nationality that directly Statelessness, 1961: Article 9 or indirectly discriminate European Convention on Nationality, a person or group of 1997: Article 5 persons on any ground Principles on Deprivation of prohibited under Nationality: Principle 6. Prohibited international law or that grounds for discrimination include PRS.7.f discriminate between race, colour, sex, language, religion, nationals? Please political or other opinion, national or describe these social origin, ethnicity, property, birth provisions and if/how or inheritance, disability, sexual they are applied in orientation or gender identity, or practice. other real or perceived status, characteristic or affiliation. Each State is also bound by the principle of non- discrimination between its nationals.

20 © 2020 European Network on Statelessness. All rights reserved. This country survey is not intended for wider dissemination as a standalone document and should be read in conjunction with (and any reference made to) the Statelessness Index country profile on Czech Republic. Resources – 2020

Resources

Item Subtheme Question International Norms & Good Practice Answer Source Number of published Supreme Administrative Court decision no. 4 Supreme Administrative Court judgments adjudicating Azs 365/2018 regarding legal status of (Nejvyšší správní soud) case no. 4 Azs statelessness (broken applicants 365/2018-74 from 12 March 2019 down by level of jurisdiction). Please list Case regarding status of stateless the most relevant ones. determination applicants. They should be granted legal status during the procedure. The Ministry cannot choose some provisions of the Asylum Act to apply (such as time limits for decision-making) and not others. The applicant should get a certificate of application that grants them a right to stay on the territory in the same way as for asylum seekers (with access to healthcare and other services). Non-action of the state (in this case the refusal to give any legal status to the applicant - certificate of application) is contrary to their right to private and family life.

Supreme Administrative Court decision no. 9 Supreme Administrative Court Azs 361/2017 from 19 April 2018 regarding decision no. 9 Azs 361/2017 from 19 expulsion of stateless persons April 2018

Before rendering a removal decision (administrative expulsion) of a stateless person, the state must verify its compliance with the 1954 Convention, in particular with Article 31. The provision in the Czech Act on the Residence of Foreigners in its Section 121 (regulating expulsion of stateless persons Published RES.1.a when the receiving country agrees) does not judgments apply in this case because of dissimilarity of this provision with the relevant provisions of the Convention, which has priority over the provisions of national law.

Detention of an applicant for statelessness Unlawful Action claim, Municipal status was an unlawful act Court in Prague, decision no. 14 A The court officially states that applicants for 8/2020 from 14 September 2020 statelessness status cannot be detained because they are lawfully staying on the territory.

Stateless persons to be allowed in Unlawful Action claim, Municipal accommodation centres for asylum seekers Court in Prague, no. 5 A 168/2019 - “Not admitting applicants for status of a from 26 October 2020 (link not yet stateless person to an asylum seekers´ available) accommodation centre is an unlawful action” - “The (Ministry) is hereby prohibited to continue the breach of applicants´ right to housing in accommodation centre, and the (Ministry) is also ordered to enable the applicants´ to use housing in the accommodation centre until the entry in force of their decision on application for a status of a stateless person”

Number of published Supreme Administrative Court judgment Supreme Administrative Court, case judgments mentioning regarding detention and reasonable no. 1 Azs 283/2017 from 22 November statelessness (broken prospects for removal. Statelessness might 2017 down by level of be an obstacle for removal. Authorities must jurisdiction). Please list consider if the person can be removed before the most relevant ones. rendering a detention decision, taking into account their possible statelessness. However, the authority does not have to determine for sure to which state the person RES.1.b can be removed.

Municipal Court in Prague judgment Municipal Court in Prague case no. 10 In 2017, the Municipal Court in Prague stated A 155/2017 from 29 November 2017 inaction of the Ministry of the Interior regarding stateless determination procedure. It obliged the Ministry to act. The Court ruled that procedural aspects of statelessness determination applications should be aligned with the asylum application procedure 21 © 2020 European Network on Statelessness. All rights reserved. This country survey is not intended for wider dissemination as a standalone document and should be read in conjunction with (and any reference made to) the Statelessness Index country profile on Czech Republic. Resources – 2020

(Asylum Act) regarding deadlines and other procedural aspects, because the SPD procedure is not specified in law. The deadline for decisions aligned with the asylum procedure - 6 months with possibility of prolongation. However, in this case, the Ministry had been inactive for more than a year without notifying the applicant about prolongation of the deadline. Ober dictum, the court also mentioned the legal status of SDP applicants: they should have legal status during the procedure. However, this part of the decision was not binding for the Ministry.

Damages claim Municipal Court in Prague 7, No. 12 C Damages won in first instance for immaterial 2/2019 (not published yet) harm (delays in procedure) and for detention of a stateless person Are there specialised UNHCR (2014): Applicants must have OPU OPU, Organizace pro pomoc lawyers or organisations access to legal counsel. uprchlíkům, Organization for aid to providing free advice to UNHCR refugees stateless people or those (does not directly provide legal counselling Link: www.opu.cz at risk of statelessness? but their lawyers are aware of the issue) Address: Kovarska 4, 190 00 Prague 9 RES.2.a Pro Bono If yes, please describe. Tel: +420 730 158 781 Otherwise, there are no specialised organisations providing advice to stateless UNHCR Czech Republic people in particular. Link: https://www.unhcr.org/cz/ Address: Železná 24, 110 00 Pra 1 Tel: +420 776 437 775 Is there domestic UNHCR: Faces of statelessness in the Czech UNHCR, Faces of Statelessness in the academic literature on Republic. UNHCR, Prague 2020. ISBN 978- Czech Republic, December 2020 statelessness? Please list 953-95763-7-8. and provide references and hyperlinks (where JANKŮ, L. Právní ochrana osob bez státní available). příslušnosti v České republice: 15 let po ratifikaci Úmluvy o právním postavení osob bez státní příslušnosti stale popelkou? [Legal Protection of Stateless Persons in the Czech Republic: 15 Years after the Ratification of the Convention on the Protection of Stateless Persons Still Ignored?] In JÍLEK, D. – POŘÍZEK, P. Ročenka uprchlického a cizineckého práva 2018. Brno: Kancelář veřejného ochránce práv, 2020. pp. 181-226. ISBN 978-80-7631- RES.3.a Literature 037-7.

JANKŮ, L.: Postavení a ochrana osob bez státního občanství v České republice. [Legal Situation of Stateless Persons in the Czech Republic and Protection of their Rights] In JÍLEK, D. - POŘÍZEK, P. Pobyt cizinců: vybrané právní problémy II. Brno: Kancelář veřejného ochránce práv, 2015. pp. 256-290. ISBN 978- 80-7478-916-8.

HOFMANNOVÁ, H. Právní postavení osob bez státní příslušnosti v České republice. [Legal Status of Stateless Persons in the Czech Republic] In Jurisprudence 21(5), 2012, s. 13– 23.

22 © 2020 European Network on Statelessness. All rights reserved. This country survey is not intended for wider dissemination as a standalone document and should be read in conjunction with (and any reference made to) the Statelessness Index country profile on Czech Republic.