A/HRC/31/57/Add.1
555. The Rapporteur acknowledges the comprehensive account of the Government in
response to the concerns, legal obligations, and questions raised in the initial
communication. He welcomes the information provided by the Government according to
which the permissible length of time that a detainee can be held in detention centres is “no
longer than 12 (twelve) months,” and that per EU Directives, this time will be reduced from
12 months to 6 (six) months. He takes note of the information provided by the Government
that detainees have the right to receive guests, including legal representatives, and that
representatives from international and local organizations, such as the IOM, Doctors
without Borders, and the European Committee for the Prevention of Torture have visited
the centre. The Rapporteur acknowledges the information provided by the Government that
medical care for detainees is provided by the Ministry of Health in cooperation with the
Skopje Red Cross and UNHCR, and that healthcare is provided in an area where police
officers are not allowed. He also takes note that the centre’s hygiene is maintained by a
privately owned company and that since the centre opened, not a single case of contagious
disease has been registered.
556. Additionally, the Rapporteur acknowledges the information provided by the
Government that the number of individuals held at the centre in 2015 will exceed that of
2014 (896 were held in 2014, compared with 211 in 2011), and that the migrants’ lack of
documentation of personal identification has resulted in delays in processing. He
acknowledges the Government’s assertion that one of its greatest shortcomings is the
facility’s capacity, which has led to the inability of the facility to comply with standards,
and that accordingly the Reception Centre may be relocated to a building with greater
capacity.
557. Furthermore, the Rapporteur takes note of the information provided by the
Government that, per the new Law on Foreigners, unaccompanied minors and families with
minors are detained only as a last resort and within the shortest possible period. He
welcomes the information that each unaccompanied minor is appointed a guardian and that
the guardians’ work is guided by the best interest of the child principle.
558. The Rapporteur calls on the Government of the former Yugoslav Republic of
Macedonia to keep him informed of the implementation of the new law reducing migrants’
detention from 12 months to 6 months, the possible move to a larger facility to
accommodate the number of asylum seekers and migrants, including the number of
individuals (adults and children) held therein, the conditions of existing and new facilities,
and what changes, if any, there are to the length of time individual cases take to process.
559. He reminds the Government of article 10(1) of the ICCPR, which provides that all
persons deprived of their liberty shall be treated with humanity and with respect for the
inherent dignity of the human person. He draws the attention of the Government to General
Comment No.2 (2008) of the Committee against Torture that stressed that certain basic
guarantees established by the Convention against Torture must apply to all persons
deprived of their liberty, including inter alia, maintaining an official register of detainees,
the right of detainees to be informed of their rights, the need to establish impartial
mechanisms for inspecting and visiting places of detention and confinement, and the
availability to detainees and persons at risk of torture and ill-treatment of judicial and other
remedies that will allow them to have their complaints promptly and impartially examined,
to defend their rights, and to challenge the legality of their detention or treatment.
94
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