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).
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