E/CN.4/2003/85
page 15
48.
When the age of migrants is disputed, they are often reportedly treated like adults until
credible documentary or medical evidence is produced which demonstrates that they are minors.
Cases of migrant child victims of trafficking or smuggling who were detained and subsequently
deported without consideration for their status as victims were brought to the attention of the
Special Rapporteur, who also personally interviewed some of them.
49.
The Special Rapporteur notices with concern that while the legislation of the majority of
countries provides that minors subjected to criminal proceedings should be detained only as a
measure of last resort and protected by a set of judicial safeguards and guarantees to ensure that
the children’s rights are protected, at the same time it allows for administrative detention of
foreign children without any such guarantees.
50.
Often elderly people, persons with disabilities, pregnant women and ill people, including
the mentally ill, are detained without any particular regard for their conditions and specific
needs. It was reported that detention has a heavy impact on pregnant women and their children,
as well as the elderly, disabled and mentally ill. Pregnant women, for example, need to have
access to proper nutrition for the well-being of the baby and to medical and support service that
are not available in detention facilities.
51.
Furthermore, detention produces anxiety, depression and isolation, especially in women.
Detained migrants have often suffered previous traumas and the absence of psychological
support, coupled with the conditions of detention, the lack of safeguards and uncertainty about
the future, can have serious consequences for their mental and physical health. Several instances
of migrants committing or attempting to commit suicide in detention were reported to the Special
Rapporteur. It was also reported that migrants who attempt suicide are not always provided with
the necessary medical and psychological assistance. It has been reported that migrants who had
attempted suicide were moved to special rooms where they remained isolated and under constant
surveillance, instead of being provided with necessary care and support.
B. Conditions of detention
52.
Detention facilities for migrants vary from country to country and according to the type
of regime to which migrants are subjected.
53.
Migrants sentenced to imprisonment for immigration offences are detained with common
criminals and subjected to the same punitive regime; they are not always separated from the rest
of the prison population and have difficulties in understanding and communicating. The fact that
their families are often far away and are difficult to keep in touch with further increases their
sense of isolation. There are often no arrangements to provide culturally appropriate foods and
to allow them to practise their faiths. Racist attacks against migrants detained with common
prisoners were also reported. Prison personnel in most of the cases do not receive specific
training on how to deal with foreign detainees.
54.
Administrative detention should never be of a punitive nature. Furthermore, as enshrined
in article 10 of ICCPR, all persons deprived of their liberty shall be treated with humanity and
with respect for the inherent dignity of the human person. This implies not only the right not to
be subjected to torture or to cruel, inhuman or degrading treatment or punishment,18 but also that