A/HRC/7/12/Add.2 page 10 23. The Special Rapporteur wishes to stress that international conventions require that the decision to detain someone should be made on a case-by-case basis after an assessment of the functional need to detain a particular individual. He notes that the individual assessment of cases does not appear to be sufficient and that detention policies in the United States constitute serious violations of international due process standards. Based on individual testimonies, the Government’s own admissions and reports he received, the Special Rapporteur notes that the violations include: • Failing to promptly inform detainees of the charges against them • Failing to promptly bring detainees before a judicial authority • Denying broad categories of detainees release on bond without individualized assessments • Subjecting detainees to investigative detention without judicial oversight • Denying detainees access to legal counsel 24. In sum, in the current context the United States detention and deportation system for migrants lacks the kinds of safeguards that prevent certain deportation decisions and the detention of certain immigrants from being arbitrary within the meaning of the International Covenant on Civil and Political Rights (ICCPR), which the United States has signed and ratified. C. Labour rights 25. The labour rights of migrants affected by conditions in certain portions of the labour market, including the tomato workers in Florida and migrants in regions of the country devastated by Hurricane Katrina, are also included in the Universal Declaration of Human Rights and ICCPR. The United States Government has committed itself to protecting these rights. III. UNITED STATES OF AMERICA IMMIGRATION POLICY AND PRACTICE A. Legal and political background 26. With regard to deportation policy, under current United States immigration law, individuals arriving in the United States without the necessary visas or other legal permission to enter, including asylum-seekers and refugees, are subject to mandatory detention. In addition, persons subject to deportation procedures after being lawfully present in the United States, including legal permanent residents who have been convicted of crimes, are subject to detention. All of these persons are detained in immigration detention centres, county jails or private prisons under contract with immigration enforcement agencies for months, and sometimes years. According to testimonies heard by the Special Rapporteur, United States citizens erroneously