E/CN.4/2003/85
page 18
64.
Holding centres for migrants under administrative detention are often run by immigration
or other police. Immigration authorities in some countries have the power to detain migrants in
police stations while their identity or migratory status is verified. In some countries migrant
holding centres are staffed with or run by private personnel who often do not receive adequate
training and are not prepared to discharge their functions in a way that is respectful of the human
rights of migrants. Incidents of abuse and discrimination, and even of ill-treatment and torture of
migrants in detention facilities at the hands of prison guards, police and immigration officers and
private staff were brought to the attention of the Special Rapporteur.21
III. CONCLUSIONS AND RECOMMENDATIONS
A. Conclusions
65.
Migrants are particularly vulnerable to deprivation of liberty. On the one hand there is a
tendency to criminalize violations of immigration regulations and to punish them severely, in an
attempt to discourage irregular migration. On the other hand, a great number of countries resort
to administrative detention of irregular migrants pending their deportation. The Special
Rapporteur would like to stress that the phenomenon of irregular migration should be addressed
through a new concept of migration management with human rights as an integral part.
Migration management is in fact an extremely complex series of processes which go well
beyond unilateral punitive measures and control. States of origins, transit and destination,
international and regional organizations, financial institutions, NGOs, the private sector and the
civil society at large share responsibility in this regard.
66.
Administrative measures to contain irregular migration, such as deprivation of liberty, are
undertaken without due regard for the individual history of migrants. Victims of trafficking and
smuggling are criminalized, detained and deported for infractions or offences committed as
inevitable consequence of the violations they themselves have suffered. Often there are no
specific provisions regarding the detention of children and other vulnerable groups, which allows
for their detention in conditions that often violate their basic human rights and are detrimental to
their physical and mental health.
67.
The Special Rapporteur is concerned that in a considerable number of countries,
measures aimed at stopping irregular migration are often taken without due regard for
international norms, standards and principles and undermine migrants’ basic rights, including the
right to seek asylum and to enjoy minimum guarantees against arbitrary deprivation of liberty.
In particular there is a tendency to provide immigration officials with broad powers to detain
migrants, and to detain them in conditions and facilities that seriously curtail their right to
judicial or administrative review and to have their asylum claims revised.
68.
Migrants subjected to administrative proceedings in general have far fewer guarantees
and rights than those subjected to judicial proceedings. The legal grounds for administrative
detention of migrants are often too broad and discretional and time limits are not always legally
determined or respected. This is often coupled with a lack of automatic mechanisms for judicial
or administrative review and other procedural safeguards, such as access to interpreters and
lawyers, the right to be informed of the grounds for detention and appeal mechanisms, the right