A/HRC/35/25/Add.1
C.
Detention
93.
Ensure that detention is used only as a measure of last resort and for as short a
period as possible, and continue developing alternatives to detention.
94.
Ensure that detainees are provided with the possibility to contact their family,
their consular authorities, UNHCR, civil society organizations and a lawyer. Detainees
must be allowed to keep their mobile telephones.
95.
Ensure that civil society organizations and international organizations are able
to independently monitor, without restriction, all places where migrants are detained.
96.
Provide appropriate detention conditions and ensure that all detained migrants
have easy access to a means of contacting their family, consular services and a
competent lawyer, whose services should be free of charge if necessary, an interpreter,
and that they have the right to promptly challenge their detention.
97.
Adhere to the Standard Minimum Rules for the Treatment of Prisoners, which
apply to all categories of prisoners, both criminal and those imprisoned under any
other non-criminal process, which set out minimum standards for, inter alia, personal
hygiene, clothing, bedding, food, exercise, access to communication with the outside
world and medical services.
98.
Develop alternatives to detention for children and families with children, as the
administrative detention of children for immigration purposes can never be in their
best interest.
99.
Ensure that all detained migrants have access to proper medical care,
interpreters, adequate food and clothes, hygienic conditions, adequate space to move
around and access to outdoor exercise.
100. Systematically inform detained migrants in writing, in a language they
understand, of the reason for their detention, its duration, their right to have access to
a lawyer, their right to promptly challenge their detention and their right to seek
asylum.
D.
Access to justice
101. Swiftly investigate reports of law enforcement officials who bribe, confiscate
property, use unnecessary force to arrest, detain and deport irregular migrants and
who physically abuse them. Those prosecuted and condemned should face stiff
sanctions.
102. Establish programmes that facilitate access to justice for migrants by providing
adequate information about protection options available, simplifying judicial
procedures, establishing mechanisms for effectively reviewing the necessity of any
detention, and providing free or affordable quality legal representation and quality
interpretation to migrants for all the procedures they need to undergo.
103. Effectively implement existing legislation, including by providing quality legal
representation, prosecuting perpetrators of violations and imposing meaningful
sanctions on entities and individuals who violate migrants’ rights.
104. Ensure full and proper access to justice for all detainees, including a more
accountable system for lodging complaints within detention and reception centres.
105. Ensure that appeal proceedings are based on the merits and validation of
detention.
106. Guarantee fully the right to free legal assistance in expulsion, detention and
asylum procedures to all migrants, refugees and asylum seekers in primary
legislation, and ensure it is implemented in practice.
107. Provide human rights training to all law enforcement officials and civil
servants who come into contact with migrants.
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