A/HRC/23/46 witnessed an almost complete absence of readily implementable wide-scale alternatives to detention, including for children. 49. To the contrary, the Special Rapporteur observed a proliferation of detention regimes supported by the European Union for border States. For example, Sicily recently saw the construction of a brand new detention centre, Milo, funded and supported by the European Union. Unfortunately, it was built in a highly securitized and almost militaristic style, with almost no possibilities for detainees to enjoy even the minimum human rights guarantees, with very poor living conditions and with maximum periods of detention being regularly applied.15 Greece has adopted a new policy of detaining all irregular migrants on its territory, and is in the process of building a number of new detention centres, with a view to expanding the capacity to 10,000 beds. This is partly financed by the European Union Return Fund.16 While expanding the detention capacity may ease the overcrowding of Greek detention centres, this would not have been necessary if irregular migrants were not systematically detained. 50. Of further concern is that the detention of irregular migrants appears increasingly to be practised, not only within European Union member States, but also in neighbouring States at the external border, often at the behest of, or with encouragement by, the European Union. Indeed, the Special Rapporteur noted that detention appears to be increasingly encouraged, financed and promoted by the European Union in non-European Union border countries as a means of ensuring that irregular migrants in third countries are stopped prior to entering the European Union. For example, in Turkey, the Special Rapporteur learned of plans to develop more detention centres, using the template of the European Uniondesigned so-called “model” detention centre visited in Edirne. The Special Rapporteur also learned of two new detention centres in Turkey that were to be funded by the European Union.17 Furthermore, the Special Rapporteur learned that Italy has proposed, within the context of its agreement with Libya, the construction of a first aid centre for irregular migrants in Kufra, which is particularly concerning given the precarious rule of law there and repeated reports of mistreatment of migrants.18 In a prior visit to Albania in November 2011, the Special Rapporteur had witnessed a brand new detention centre which sported a large European Union flag at the entrance, in recognition of European Union funding for its construction, but which lacked a passable access road and a courtyard, and which was built as a mid-security prison.19 51. Of paramount concern to the Special Rapporteur is the fact that the increasing practice of migration detention both within and outside of the European Union is not automatically accompanied by the assurance of legal guarantees and basic human rights protection for detainees. While the European Union Return Directive contains fundamental rights guarantees for persons who are not removed (articles 14-18), in practice the Special Rapporteur observed a lack of adherence to these principles in all of the countries visited. 52. For example, the Special Rapporteur repeatedly witnessed inadequate procedures for detention, including the failure to guarantee proper legal representation, lack of access for detainees to consular services, and interpretation or translation services, lack of appropriate detection procedures for vulnerable individuals and lack of recourse to effective remedies. Conditions of detention were also precarious, with inadequate health care or psychosocial 15 16 17 18 19 See the Special Rapporteur’s report on his mission to Italy (A/HRC/23/46/Add.3). See the Special Rapporteur’s report on his mission to Greece (A/HRC/23/46/Add.4). See the Special Rapporteur’s report on his mission to T urkey (A/HRC/23/46/Add.2). International Federation for Human Rights (FIDH), “ Libya: T he Hounding of Migrants Must Stop”, 2012, available at: http://www.fidh.org/IMG/pdf/libyemignantsuk-ld.pdf See the Special Rapporteur’s report on his mission to Albania (A/HRC/20/24/Add.1). 13

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