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Law may violate foreigners’ rights

OMBUDSWOMAN Jana Dubovcová has filed another complaint with the Constitutional Court (CC) over laws pertaining to foreigners.

OMBUDSWOMAN Jana Dubovcová has filed another complaint with the Constitutional Court (CC) over laws pertaining to foreigners.

According to Dubovcová, some measures in the law on the residence of foreigners, as well as a law on asylum, violate the Slovak constitution, the Convention for the Protection of Human Rights and Fundamental Freedoms and the International Covenant on Civil and Political Rights.

“The contested provisions enable the police forces and the Migration Office of the Interior Ministry to justify some of their decisions only by the fact that it is ‘a security interest of the Slovak Republic’,” Dubovcová said, as quoted in the press release.

Such a justification prevents the affected people from defending themselves properly or from submitting evidence with which they could refute the claims of the police authorities.

“This legislative solution is not in accordance with the requirement of equal status of the parties in proceedings before courts, other state bodies or public authorities,” Dubovcová continued.

“Justification referring only to the security interest of the Slovak Republic is not in compliance with the guarantees, which international conventions binding for Slovakia provide for a fair trial.”

The CC has already dismissed one motion filed by the ombudswoman, at its March meeting, explaining she was not entitled to submit it. Her office received the decision on July 10. The new motion therefore contains two new complaints from people who turned to Dubovcová and asked her to turn to the CC in this matter.

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