E/CN.4/2006/73
page 10
39.
Border control and problems arising from undocumented migrants seeking to cross
borders have on many occasions given rise to complaints. Communications regarding the
reported use of excessive force in the context of border control, in some cases amounting to
ill-treatment and sometimes resulting in deaths, have been transmitted to several countries.
40.
Several communications requesting information in cases of shipwrecks leading to deaths
of migrants or deaths during attempted border crossings have also been sent.
41.
A number of cases regarding allegations of arbitrary detention, frequently concerning
administrative detention of migrants and asylum-seekers in what is often known as immigration
detention, have been transmitted. In determining whether reported deprivation of liberty of
asylum-seekers and immigrants constitutes arbitrary detention, the Special Rapporteur applies
the criteria adopted by the Working Group on Arbitrary Detention in its Deliberation No. 5 on
the situation regarding immigrants and asylum-seekers (E/CN.4/2000/4, annex II). The issue of
the administrative detention of migrants was examined in greater detail in the report issued
in 2003 (E/CN.4/2003/85) where a number of specific recommendations were made.
42.
Conditions of detention in such holding centres are also sometimes the subject of
complaints. A number of these have referred to detention centres located at airports.
43.
Cases of legislation or administrative policies, including anti-terror legislation that
specifically restricts or has a negative impact on migrants’ rights, have also been transmitted.
44.
The Special Rapporteur often receives complaints regarding inadequacies in expulsion
procedures and problems in the manner in which expulsion orders are implemented. Cases
concerning allegations of collective expulsions of migrants have been transmitted to a number of
countries and were the object of several communications. Moreover, in past years, cases
regarding the detention and expulsion procedures of unaccompanied children have been sent to
several Governments.
45.
A number of cases relating to concerns regarding migrants in the criminal justice system,
including allegations of torture and ill-treatment of migrants, denial of due process guarantees
and lack of access to consular protection, notably in a number of situations where the death
penalty is applied, have also been transmitted.
46.
Reports of racist attacks by public officials or private individuals against migrants and
asylum-seekers have been the subject of a number of communications.
47.
Allegations of abuses by private individuals and lack of adequate action by the authorities
have also frequently been received by the Special Rapporteur, often regarding situations of legal
migration. Complaints have involved the activities of private recruitment agencies, such as the
illegal charging of fees, confiscation of identity documents by employers, and abusive working
conditions such as extremely long hours without breaks, illegal deductions of wages and refusal
to pay wages due, ill-treatment and confinement. Sometimes such treatment may amount to
situations of forced labour. In some cases, communications are also sent to the States of the
alleged victims to ask what protection those States may have provided to their citizens.