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26.
Point of entry holding facilities have often been found to be inadequate, in particular
for extended stays. More specifically, CPT delegations have on several occasions met persons
held for days under makeshift conditions in airport lounges. It is axiomatic that such persons
should be provided with suitable means for sleeping, granted access to their luggage and to
suitably-equipped sanitary and washing facilities, and allowed to exercise in the open air on a
daily basis. Further, access to food and, if necessary, medical care should be guaranteed.
27.
In certain countries, CPT delegations have found immigration detainees held in police
stations for prolonged periods (for weeks and, in certain cases, months), subject to mediocre
material conditions of detention, deprived of any form of activity and on occasion obliged to
share cells with criminal suspects. Such a situation is indefensible.
The CPT recognises that, in the very nature of things, immigration detainees may have
to spend some time in an ordinary police detention facility. However, conditions in police
stations will frequently - if not invariably - be inadequate for prolonged periods of detention.
Consequently, the period of time spent by immigration detainees in such establishments should
be kept to the absolute minimum.
28.
On occasion, CPT delegations have found immigration detainees held in prisons.
Even if the actual conditions of detention for these persons in the establishments concerned are
adequate -which has not always been the case - the CPT considers such an approach to be
fundamentally flawed. A prison is by definition not a suitable place in which to detain someone
who is neither convicted nor suspected of a criminal offence.
Admittedly, in certain exceptional cases, it might be appropriate to hold an
immigration detainee in a prison, because of a known potential for violence. Further, an
immigration detainee in need of in-patient treatment might have to be accommodated
temporarily in a prison health-care facility, in the event of no other secure hospital facility being
available. However, such detainees should be held quite separately from prisoners, whether on
remand or convicted.
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