A/HRC/20/24
adjusted as necessary. At the beginning of the application of a non-custodial measure, the
person shall receive an explanation, orally and in writing, of the conditions governing the
application of the measure, including his or her obligations and rights, and the failure of a
non-custodial measure should not automatically lead to the imposition of a custodial
measure.
56.
Alternatives to detention may be defined as “any legislation, policy or practice that
allows for asylum seekers, refugees and migrants to reside in the community with freedom
of movement while their migration status is being resolved or while awaiting deportation or
removal from the country”. 8 There is a wide range of possible alternatives to detention,
including registration requirements, deposit of documents, bond/bail or surety/guarantor,
reporting requirements, case management/supervised release, designated residence,
electronic monitoring, home curfew/house arrest and voluntary return.
57.
The registration of migrants with relevant authorities and providing them with
official registration documents can constitute an effective measure to prevent absconding,
and offers a practical alternative to detention of those arriving without documents. A
requirement for migrants to present themselves in person to renew these documents may
constitute a kind of de facto reporting requirement. In order not to be discriminatory, this
measure should also be made available to migrants who do not have a permanent address to
provide to relevant authorities for registration purposes.
58.
The deposit of documents (passport or other identification documents) with relevant
authorities may be used as an alternative to detention, in order to prevent absconding.
However, in such cases, the migrants must be provided with alternative identification
documents, which they may need in order to rent accommodation, access education, healthcare services, etc.
59.
Many countries operate systems that permit release on bail, bond, or under
surety/guarantor. “Bail” is a deposit of a sum of money to guarantee the individual‟s future
compliance with immigration procedures. “Bond” is a written agreement with the
authorities where the individual promises to fulfil his or her duties, sometimes requiring the
deposit of a sum of money by the individual or a third person. A “surety” is the guarantee
given by a third person that the individual will comply with the immigration procedures; to
this end, the third person, the “guarantor”, agrees to pay a set amount of money if the
individual absconds. Requests for surety are frequently included as part of bail or bond
conditions. While many legal systems provide for bail, the extent to which immigrants can
benefit from these is questionable. Bail can be discriminatory against migrants who lack the
financial means to be released on bail. Furthermore, lack of access to legal aid or legal
representation and lack of adequate interpretation may also lead to lack of awareness on the
part of migrants. It is therefore important to ensure that migrants are aware of their right to
request release on bail. Bail, bonds and sureties must be reasonable, and must not create an
excessive or unrealistic burden on the individual. The requirement of third parties to act as
guarantors may be discriminatory against migrants who do not have relatives or friends in
the country who can or are willing to act as guarantors: a network of NGOs could be
encouraged to provide bail, bond or surety opportunities to such migrants.
60.
Periodic reporting to State officials, in person or by phone, can be used as an
alternative measure to detention. The frequency of such reporting can vary from daily to
weekly or less frequently. Reporting requirements should not be excessively difficult to
comply with or restrictive of liberty or privacy, and should take into account the particular
8
International Detention Coalition, There are alternatives: A handbook for preventing unnecessary
immigration detention (Melbourne, 2011), glossary.
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