A/HRC/20/24
circumstances of the individual, such as their family situation, residential situation,
employment situation and financial means. A requirement to report frequently in person
may amount to a limitation on an individual‟s right to freedom of movement. A
requirement to report daily or to travel excessive distances for reporting purposes could
interfere with work or other obligations, and therefore not be proportionate to the
objectives.
61.
Case management/supervised release is a strategy for supporting and managing
individuals while their status is being resolved, with a focus on informed decision-making,
timely and fair status resolution and improved coping mechanisms and well-being on the
part of individuals. Case managers establish personal rapports with migrants and may
answer legal questions, explore opportunities for legal stay, provide access to a lawyer if
requested, provide up-to-date information on the status of the immigration case, help solve
logistical issues, etc. Case management generally comprises three types of alternatives:
supervision by community organizations and NGOs; a joint programme between the
Government and NGOs; or Government-administered alternatives. Case management may
be done in conjunction with other measures, such as reporting requirements or bail.
Migrants should be able to report to a competent authority, without fear of reprisal, any
discriminatory, arbitrary or otherwise abusive conduct by State or non-State actors in the
course of providing supervision of their release.
62.
Designated residence usually entails either housing persons in communal houses and
apartments, or directing them to live in a certain region or district within the country. Prior
approval may be needed to change address or move out of the administrative region. This
measure is sometimes used to share the “burden” of receiving immigrants between different
regions of a given country. Sometimes a designated residence may be in an isolated area,
and it is important to ensure that the location of the designated residence allows the persons
involved to access health-care services, education and legal assistance, and employment
opportunities where appropriate. Furthermore, the use of designated residence may
undermine the freedom of movement of the migrants concerned and should therefore be
used with caution.
63.
Electronic monitoring usually involves an ankle or wrist bracelet keeping track of a
person‟s movements. This measure can be particularly intrusive, and may violate the right
to freedom of movement provided by article 12 of the International Covenant on Civil and
Political Rights. Furthermore, the stigmatizing and negative psychological effects of the
electronic monitoring are likely to be disproportionate to the benefits of such monitoring. It
should therefore only be used after a careful assessment of the extent to which the specific
measure will restrict the human rights of the individual, as well as its proportionality and
necessity to fulfil a legitimate objective. Another problem with electronic monitoring is that
it is difficult, if not impossible, for migrants without a permanent residence to benefit from
this alternative to detention. If those who cannot comply with electronic monitoring
requirements end up being detained, this measure could be discriminatory. If electronic
monitoring is linked to other restrictions, such as a requirement to remain at home for most
of the day, such restrictions might amount to house arrest, which could be seen as
equivalent to detention.
64.
Home curfew/house arrest is a particularly intrusive measure and may amount to an
alternative form of detention rather than an alternative to detention. House arrest should
therefore only be applied in exceptional cases. House arrest may make it difficult, if not
impossible, for the migrant to work and thus maintain an adequate standard of living, unless
he or she receives State support. In its deliberation No. 1, the Working Group on Arbitrary
Detention stated that house arrest may be compared to deprivation of liberty provided that it
is carried out in closed premises which the person is not allowed to leave.
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