A/HRC/20/24
I. Activities of the Special Rapporteur
A.
Country visits
1.
During the period under review, the Special Rapporteur undertook one country visit,
to Albania, from 5 to 13 December 2011.
2.
In 2012 and 2013, the Special Rapporteur will focus on the European-Mediterranean
region and specifically on the management of the external borders of the European Union.
During the year, he plans to undertake country visits to Greece, Italy, Tunisia and Turkey.
B.
Communications with States
3.
Since he took up his mandate on 1 August 2011, the Special Rapporteur has sent 12
communications. He thanks all the Governments that responded to his communications for
their collaboration and reminds Governments that have not yet responded to do so and
address all the concerns raised in each communication.
C.
Other activities
4.
During the reporting period, the Special Rapporteur attended various international
events. He gave an oral statement to the General Assembly in New York on 21 October
2011. From 8 to 10 November 2011, he participated in an Expert Meeting on Refugees and
Asylum-Seekers in Distress at Sea in Djibouti, organized by the Office of the United
Nations High Commissioner for Refugees (UNHCR). From 29 November to 2 December
2011, he attended the Global Forum on Migration and Development in Geneva and its side
events on its margins. He attended the Tenth Coordination Meeting on International
Migration and Development in New York on 9 and 10 February 2012. On 22 and 23 March
2012, he participated in an expert consultation on human rights at international borders,
organized in Geneva by the Office of the United Nations High Commissioner for Human
Rights (OHCHR).
II. Detention of migrants in an irregular situation
A.
1.
The international and regional human rights legal framework
The right to liberty and security of person
5.
The Universal Declaration of Human Rights guarantees to “everyone”, including
migrants in an irregular situation, the right to life, liberty and the security of person (art. 3)
and provides that “no one” shall be subjected to arbitrary arrest, detention or exile (art. 9).
Article 9, paragraph 1, of the International Covenant on Civil and Political Rights provides
that everyone has the right to liberty and security of person, no one shall be subjected to
arbitrary arrest or detention and no one shall be deprived of his liberty except on such
grounds and in accordance with such procedure as are established by law. The Human
Rights Committee, which monitors the implementation of the Covenant, in its general
comment No. 8 (1982) on right to liberty and security of persons stated that this provision
is applicable to all deprivations of liberty, including immigration control. The International
Convention on the Protection of the Rights of All Migrant Workers and Members of Their
Families also protects the right to liberty and security of person and provides all migrant
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