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prescribed conditions are not discriminatory against non-nationals. Official statistics should be
kept on the percentage of migrants deprived of their liberty out of the total number subject to
administrative detention;
(g)
Ensuring that the law sets a limit on detention pending deportation and that
under no circumstance is detention indefinite. The Special Rapporteur recommends that States
consider entering into bilateral and multilateral agreements to speed up documentation/
deportation procedures and thereby reduce the length of detention. The decision to detain should
be automatically reviewed periodically on the basis of clear legislative criteria. Detention should
end when a deportation order cannot be executed for other reasons that are not the fault of the
migrant;
(h)
Avoiding the use of detention facilities and of legal mechanisms and methods of
interception and/or deportation that curtail judicial control of the lawfulness of the detention and
other rights, such as the right to seek asylum;
(i)
Ensuring that migrants under administrative detention are placed in a public
establishment specifically intended for that purpose or, when this is not possible, in premises
other than those intended for persons imprisoned under criminal law. Representatives of
UNHCR, ICRC, NGOs and churches should be allowed access to the place of custody;23.
(j)
Providing training to authorities with the power to detain on psychological aspects
relating to detention, cultural sensitivity and human rights procedures, and ensuring that centres
for the administrative detention of migrants are not run by private companies or staffed by
private personnel unless they are adequately trained and the centres are subject to regular public
supervision to ensure the application of international and national human rights law;
(k)
Ensuring that the Body of Principles for the Protection of All Persons under any
Form of Detention and Imprisonment are applied to all migrants under administrative detention.
The Principles include the provision of a proper medical examination as promptly as possible
and of medical treatment and care whenever necessary and free of charge; the right to obtain,
within the limits of available public resources, educational, cultural and informational material;
the provision for regular visits of places of detention by qualified and experienced persons
appointed by, and responsible to, a competent authority distinct from the authority directly in
charge of the administration of the place of detention or imprisonment, in order to supervise the
strict observance of relevant laws and regulations;
(l)
Ensuring the existence of mechanisms allowing detained migrants to make a
request or complaint regarding their treatment, in particular in case of physical and psychological
abuse, to the authorities responsible for the administration of the place of detention and to higher
authorities and, when necessary, to judicial authorities;