E/CN.4/2003/85
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to inform consular or embassy representatives. All these elements put administrative detention
beyond any control, grant disproportionate powers to immigration authorities, and give rise to
incidents of discrimination and abuses.
69.
Sometimes legislation and practices allow administrative detention to become very
lengthy or indefinite, although the facilities built or used for this purpose are not equipped for
long-term detention. They often do not have facilitates for education, recreational activities and
adequate medical services. According to the information received, many migrant holding
centres are overcrowded, and the conditions of detention do not respect international norms,
standards and principles and at times amount to inhumane or degrading treatment. Such
facilities are not always open to external mechanism of inspection and grievance or complaint
mechanisms do not exist, are not confidential, or are not accessible. The lack of external
oversight and, most of the time, of human rights training allow physical and psychological
abuses to take place.
70.
Undocumented migrants deprived of their liberty often do not receive adequate legal,
medical, social and psychological assistance and protection, either from the institutions of the
host countries or from their consular representatives. Owing to resources constraints, consular
posts may lack the equipment, personnel and expertise necessary to provide such assistance. In
some cases, undocumented migrants are not recognized as citizens by their consulates or
embassies.
71.
The Special Rapporteur notes with satisfaction that treaty bodies have devoted increased
attention to the issue of migrants deprived of their liberty and that other thematic special
procedures of the Commission on Human Rights have increasingly taken up cases concerning
migrants deprived of their liberty; she would like to stress that she is eager to strengthen
cooperation with these mechanisms with a view to promoting migration management
arrangements, systems and programmes that are respectful of the human rights of migrants.
B. Recommendations
72.
With particular regard to the information reflected in this report, the Special Rapporteur
would like to make the following recommendations.
73.
Infractions of immigration laws and regulations should not be considered criminal
offences under national legislation. The Special Rapporteur would like to stress that irregular
migrants are not criminals per se and they should not be treated as such. Detention of migrants
on the ground of their irregular status should under no circumstance be of a punitive nature.
74.
Governments should consider the possibility of progressively abolishing all forms of
administrative detention.22
75.
When this is not immediately possible, Governments should take measures to ensure
respect for the human rights of migrants in the context of deprivation of liberty, including by:
(a)
Ensuring that the legislation does not allow for the detention of unaccompanied
children and that detention of children is permitted only as a measure of last resort and only