–3–
them should have relevant language skills. Further, they should be taught to recognise possible
symptoms of stress reactions displayed by detained persons (whether post-traumatic or induced by
socio-cultural changes) and to take appropriate action.
C.
Safeguards during detention
30.
Immigration detainees should - in the same way as other categories of persons deprived of
their liberty - be entitled, as from the outset of their detention, to inform a person of their choice of
their situation and to have access to a lawyer and a doctor. Further, they should be expressly
informed, without delay and in a language they understand, of all their rights and of the procedure
applicable to them.
The CPT has observed that these requirements are met in some countries, but not in others.
In particular, visiting delegations have on many occasions met immigration detainees who
manifestly had not been fully informed in a language they understood of their legal position. In
order to overcome such difficulties, immigration detainees should be systematically provided with a
document explaining the procedure applicable to them and setting out their rights. This document
should be available in the languages most commonly spoken by those concerned and, if necessary,
recourse should be had to the services of an interpreter.
31.
The right of access to a lawyer should apply throughout the detention period and include
both the right to speak with the lawyer in private and to have him present during interviews with the
authorities concerned.
All detention facilities for immigration detainees should provide access to medical care.
Particular attention should be paid to the physical and psychological state of asylum seekers, some
of whom may have been tortured or otherwise ill-treated in the countries from which they have
come. The right of access to a doctor should include the right - if a detainee so wishes - to be
examined by a doctor of his choice; however, the detainee might be expected to cover the cost of
such a second examination.
More generally, immigration detainees should be entitled to maintain contact with the
outside world during their detention, and in particular to have access to a telephone and to receive
visits from relatives and representatives of relevant organisations.
D.
Risk of ill-treatment after expulsion
32.
The prohibition of torture and inhuman or degrading treatment or punishment englobes the
obligation not to send a person to a country where there are substantial grounds for believing that he
would run a real risk of being subjected to torture or ill-treatment. Whether Parties to the
Convention are fulfilling this obligation is obviously a matter of considerable interest to the CPT.
What is the precise role that the Committee should seek to play in relation to that question?
33.
Any communications addressed to the CPT in Strasbourg by persons alleging that they are
to be sent to a country where they run a risk of being subjected to torture or ill-treatment are
immediately brought to the attention of the European Commission of Human Rights 1. The
Commission is better placed than the CPT to examine such allegations and, if appropriate, take
preventive action.
1
Since 1 November 1998: “European Court of Human Rights”