A/HRC/20/24
monitoring of places where migrants are detained. The Special Rapporteur has been made
aware of several instances of desperate violence in migration detention centres, such as
suicide attempts, self-mutilation, hunger strikes, rioting and arson: such instances could
probably be considerably reduced if effective, frequent and independent monitoring of the
detention facilities was implemented, including secure and accessible mechanisms for
receiving complaints by migrant detainees.
7.
Places of detention of migrants
33.
The Special Rapporteur wishes to emphasize that migrants in administrative
detention should be kept in dedicated detention centres, and should under no circumstances
be detained in prisons or other criminal facilities together with persons imprisoned for a
criminal offence. The International Convention on the Protection of the Rights of All
Migrant Workers and Members of Their Families provides that migrant workers and
members of their families who are detained for violation of provisions relating to migration
shall be held, in so far as practicable, separately from convicted persons or persons detained
pending trial (art. 17, para. 3). The Standard Minimum Rules for the Treatment of Prisoners
provide that persons imprisoned under a non-criminal process shall be kept separate from
persons imprisoned for a criminal offence. Additionally, the Working Group on Arbitrary
Detention stated in its deliberation No. 5 that custody must be effected in a public
establishment specifically intended for this purpose or, when for practical reasons, this is
not the case, the asylum-seeker or immigrant must be placed in premises separate from
those for persons imprisoned under criminal law. At the regional level, the Principles and
Best Practices on the Protection of Persons Deprived of Liberty in the Americas 2 provide
that asylum- or refugee-status-seekers and persons deprived of liberty due to migration
issues shall not be deprived of liberty in institutions designed to hold persons deprived of
liberty on criminal charges.
34.
However, information received by the Special Rapporteur indicates that migrants are
detained in a wide range of places, including prisons, police stations, dedicated immigration
detention centres, unofficial migration detention centres, military bases, private security
company compounds, disused warehouses, airports, ships, etc. These detention facilities are
placed under the responsibility of many different public authorities, at local, regional or
national level, which makes it difficult to ensure the consistent enforcement of standards of
detention. Migrants may also be moved quite quickly from one detention facility to another,
which also makes monitoring difficult. Moreover, migrants are often detained in facilities
which are located far from urban centres, making access difficult for family, interpreters,
lawyers and NGOs, which in turn limits the right of the migrant to effective
communication.
35.
Privately run migrant detention centres pose particular difficulties in terms of
monitoring. They may also pose particular concern if the contracts for managing detention
centres are awarded to the company that offers the lowest cost, without giving sufficient
attention to the obligation to treat those detained with humanity and with respect for their
dignity. The Guiding Principles on Business and Human Rights (A/HRC/17/31, annex)
provide that States do not relinquish their international human rights law obligations when
they privatize the delivery of services that may impact upon the enjoyment of human rights
and the Human Rights Committee has stated in its communication No. 1020/2001 that “the
contracting out to the private commercial sector of core State activities which involve the
use of force and the detention of persons does not absolve a State party of its obligations
under the Covenant” (para. 7.2).
2
Inter-American Commission on Human Rights, resolution 1/08.
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