E/CN.4/2003/85 page 23 Notes 1 In order to facilitate the submission of information, the Special Rapporteur has developed a questionnaire which can be found on the OHCHR web site www.unhchr.ch. 2 For the purposes of this report, the term “detention” is used to indicate both administrative deprivation of liberty, or remand custody, and incarceration or imprisonment resulting from criminal charges or sentencing. The Special Rapporteur considers detention as confinement within a narrowly bounded or restricted location which the detainee cannot leave. Other restrictive measures such as limitations on residency do not fall within the scope of the present study. 3 The following Governments responded to the questionnaire: Argentina, Azerbaijan, Belarus, Bulgaria, Canada, Costa Rica, Croatia, Cyprus, Czech Republic, El Salvador, Finland, Germany, Greece, Honduras, Italy, Jordan, Lebanon, Mexico, Nicaragua, Norway, Poland, Qatar, Slovenia, Russian Federation, Spain, Togo and Uruguay. Information provided by NGOs supplemented or complemented that provided by Governments. No information was received on the situation, legislation and practices of a considerable number of countries. 4 See Views of the Human Rights Committee, A. v. Australia, communication No. 560/1993 (CCPR/C/D/560/1993). The deliberation of the Working Group on Arbitrary Detention on the “Situation regarding immigrants and asylum-seekers” (E/CN.4/2000/4, annex II, Deliberation No. 5) and the UNHCR Revised Guidelines on Applicable Criteria and Standards Relating to the Detention of Asylum-Seekers set the conditions under which detention of migrants can be carried out. Other international forums, such as the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance held in South Africa in 2001, have highlighted that detention of migrants shall respect international human rights standards (see Durban Programme of Action (A/CONF.189/12, chap. I), paragraph 36). Guarantees against arbitrary detention are also enshrined in regional human rights instruments; in particular, see article 7 of the American Convention on Human Rights, article 5 of the European Convention for the Protection of Human Rights and Fundamental Freedoms and article 6 of the African Charter on Human and Peoples’ Rights. 5 See E/CN.4/2003/85/Add.1, communications sent by the Special Rapporteur on the human rights of migrants and the Special Rapporteur on the independence of judges and lawyer to the Governments of the United Kingdom of Great Britain and Northern Ireland and of the United States. 6 See ibid., communications sent to the Governments of Japan, South Africa and Spain. 7 Reportedly, in some countries fines are imposed on companies that allow into the country people not in possession of valid papers. 8 E/CN.4/2003/85/Add.1, letter dated 25 September sent by the Special Rapporteur to the Government of South Africa. 9 CCPR/C/D/560/1993, op.cit., para. 9.4.