E/CN.4/2003/85 page 16 migrants deprived of their liberty should be subjected to conditions of detention that take into account their status and needs. In this respect, the Special Rapporteur would like to refer to General Comment No. 15 of the Human Rights Committee, which states: “if lawfully deprived of their liberty, [aliens] shall be treated with humanity and with respect for the inherent dignity of their person”. Article 37 of the Convention on the Rights of the Child also establishes that every child deprived of liberty shall be treated with humanity and respect for the inherent dignity of the human person, and in a manner which takes into account the needs of persons of his or her age. In particular, every child deprived of liberty shall be separated from adults unless it is considered in the child’s best interest not to do so and shall have the right to maintain contact with his or her family through correspondence and visits, save in exceptional circumstances. 55. The Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, the Standard Minimum Rules for the Treatment of Prisoners, the United Nations Rules for the Protection of Juveniles Deprived of their Liberty and the UNHCR Revised Guidelines on Applicable Criteria and Standards Relating to the Detention of Asylum Seekers also provide an extensive list of guarantees for the protection of the human dignity of persons, including migrants, deprived of their liberty. Despite their non-binding nature, they reflect internationally recognized principles. 56. According to the information received by the Special Rapporteur, conditions of administrative detention are well below international standards.19 In many instances migrants under administrative detention are detained in common prisons, either because no other specific facility exists, or because those that exist are full. The Special Rapporteur received reports according to which migrants awaiting deportation were kept in penitentiaries with common criminals and subjected to the same regime, with severe restrictions on their freedom of movement, rights to communicate with families and receive visits, and limited access to outdoor recreational activities. Reports of migrants held in solitary confinement and heavily shackled and tightly handcuffed during visits or court appearances were brought to the attention of the Special Rapporteur. 57. In some countries special facilities for administrative detention of migrants have been built. Elsewhere, places such as schools, warehouses, airport terminals, sports stadiums and similar facilities have been converted into centres for the administrative custody of migrants. Both types of facility are usually thought of as being for the short term, however, it often happens that migrants remain detained in these centres for months, and in some cases years. In most cases there is no provision for either education for children or for adequate recreational activities. Facilities converted into detention centres often lack basic infrastructures, such as ventilation systems, outdoor spaces, or rooms allowing for private conversations with lawyers or family members. 58. Special centres for the detention of migrants are often overcrowded,20 leading to a serious deterioration in living conditions, including lack of bedding, poor hygienic conditions, inadequate access to medical treatment and other services, the impossibility of separating men from women and adults from minors and of keeping families together, and lack of privacy. For security reasons, freedom of movement is limited within the facility and migrants remain locked up for most of the day.

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