E/CN.4/2003/85
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59.
The Special Rapporteur observed during her visits that many of the facilities where
migrants are held do not have public telephones. Sometimes detention facilities are not regularly
cleaned and basic products for personal use, such as soap, are not available and have to be
provided by families and friends or by NGOs and humanitarian organizations. The Special
Rapporteur personally interviewed detained women who were obliged to cook for male detainees
and to sell food in order to be able to purchase basic items for personal use.
60.
A very few centres provide a medical check-up upon arrival. The Special Rapporteur
met with migrants who had open wounds, some of them suffered during their apprehension or
resulting from excessive use of force by immigration officials, and migrants with serious skin
diseases, other illnesses and psychological traumas who had no access to medical care.
61.
Some of the recently built facilities for migrants provide for a general doctor to visit
detainees every day. In many instances, however, only urgent medical care is provided. Also, it
was reported that in some countries all medical expenses apart from general check-ups or
emergency interventions must be borne by the detainees. Often, no translation or interpretation
services are available, making it difficult for migrants to request medical attention and to
understand medical prescriptions and diagnoses. Other inmates are sometimes used as
interpreters. This practice is a source of concern as it breaches confidentiality, and when consent
is sought and obtained, there are questions as to whether that consent is sufficiently informed.
Furthermore, in these circumstances a detainee may be prevented from disclosing vital
information about trauma suffered. Access to medical assistance is curtailed when migrants are
detained in police stations and holding facilities that are not easily accessible. The Special
Rapporteur received information about incidents of denial of medical care to migrants in
administrative custody.
62.
Mechanisms of external oversight of migrant holding facilities are not always in place.
Some countries allow regular visits by external actors, such as the Red Cross, representatives of
human rights institutions, NGOs, humanitarian organizations, the Office of the United Nations
High Commissioner for Refugees (UNHCR), the International Organization for Migration
(IOM), or regional mechanisms such as the European Committee for the Prevention of Torture.
However, the Special Rapporteur received information according to which representatives of
NGOs were denied access to detained migrants. In some countries inspections are only carried
out by representatives of hierarchically superior bodies of the ministry or department to which
the police or the immigration service running the centre belongs. This raises concerns as to the
objectiveness and impartiality of the supervision.
63.
The regulations of some migrants holding facilities provide for internal complaint or
grievance mechanisms. It was reported that internal complaint mechanisms are not always easily
accessible, due to linguistic barriers, and scarcely used due to the fear of being labelled
troublemakers or of retaliation, given the lack of confidentiality of such procedures. Reportedly,
often the internal complaint procedure is not transparent and answers are not provided in a timely
manner. The decision of internal review mechanism is usually final and such mechanisms
frequently allow only for internal disciplinary measures, while a separate procedure must be
initiated to start criminal proceedings. As repeatedly stated, such procedures are very difficult to
access, especially if there are no external mechanisms of oversight and support that can provide
assistance.