A/HRC/20/24
26.
Substandard detention conditions may potentially amount to inhuman or degrading
treatment, and may increase the risk of further violations of economic, social and cultural
rights, including the right to health, food, drinking water and sanitation.
27.
According to article 10, paragraph 1, of the International Covenant on Civil and
Political Rights, all persons deprived of their liberty shall be treated with humanity and with
respect for the inherent dignity of the human person. In its general comment No. 21 (1992)
on humane treatment of persons deprived of their liberty, the Human Rights Committee
stated that this right applies to anyone deprived of liberty under the laws and authority of
the State in prisons, hospitals – particularly psychiatric hospitals – detention camps or
correctional institutions or elsewhere. It further states that treating all persons deprived of
their liberty with humanity and with respect for their dignity is a fundamental and
universally applicable rule and, consequently, the application of this rule cannot be
dependent on the material resources available in the State.
28.
The International Convention on the Protection of the Rights of All Migrant
Workers and Members of Their Families provides that migrant workers and members of
their families who are deprived of their liberty shall be treated with humanity and with
respect for the inherent dignity of the human person and for their cultural identity (art. 17,
para. 1). Furthermore, migrant workers and members of their families who are subjected to
detention shall enjoy the same rights as nationals (ibid., para. 7).
29.
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, set out minimum standards for, inter alia, accommodation, personal hygiene,
clothing, bedding, food, exercise, access to newspapers, books and religious advisers,
communication with the outside world and medical services.
30.
The Special Rapporteur has received reports indicating that migrants in detention,
both men, women and children, suffer violence, including sexual violence and abuse. The
behaviour of the guards is not always adequately monitored, especially if they are
employed by private security companies. Proper instruction and training of the personnel
who have authority over migrants in detention is therefore of utmost importance.
31.
Detention of migrants on the ground of their irregular status should under no
circumstance be of a punitive nature. As migrants in administrative detention have not been
charged with or convicted of a crime, they should not be subject to prison-like conditions
and environments, such as prison uniforms, highly restricted movement, lack of outdoor
recreation and lack of contact visitation. However, the Special Rapporteur has received
information indicating that detention conditions in migrant detention centres are often
prison-like and, in some countries, the conditions may be worse in migrant detention
centres than in prisons. Some migrant detention centres only allow monitored visits, and
have dividing screens in the visitation areas, preventing physical contact with visiting
family and friends. Detained migrants do not always have access to telephones, which can
make communication with their lawyers difficult. The Special Rapporteur has also been
made aware of the absence of interpreters in some detention centres, which makes
communication with the migrant detainees difficult and subjects them to misinformation.
32.
In order to monitor the conditions of detention of migrants, the Special Rapporteur
believes that independent visits are crucial. OHCHR, UNHCR, the International Committee
of the Red Cross (ICRC), national human rights institutions and non-governmental
organizations (NGOs) should be allowed access to all places of detention. In addition to
allowing for such visits, the ratification by States of the Optional Protocol to the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, allowing for visits by the Subcommittee on Prevention of Torture and the
establishment of a national preventive mechanism, is of utmost importance to ensure proper
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