48
39.
Certain incidents that have occurred during deportation operations have highlighted
the importance of allowing immigration detainees to undergo a medical examination
before the decision to deport them is implemented. This precaution is particularly
necessary when the use of force and/or special measures is envisaged.
Similarly, all persons who have been the subject of an abortive deportation
operation must undergo a medical examination as soon as they are returned to detention
(whether in a police station, a prison or a holding facility specially designed for foreigners).
In this way it will be possible to verify the state of health of the person concerned and, if
necessary, establish a certificate attesting to any injuries. Such a measure could also protect
escort staff against unfounded allegations.
40.
During many visits, the CPT has heard allegations that immigration detainees had
been injected with medication having a tranquillising or sedative effect, in order to ensure that
their deportation proceeded without difficulty. On the other hand, it also noted in certain
countries that instructions prohibited the administration, against the will of the person
concerned, of tranquillisers or other medication designed to bring him or her under control.
The CPT considers that the administration of medication to persons subject to a
deportation order must always be carried out on the basis of a medical decision taken in
respect of each particular case. Save for clearly and strictly defined exceptional
circumstances, medication should only be administered with the informed consent of the
person concerned.
41.
Operations involving the deportation of immigration detainees must be
preceded by measures to help the persons concerned organise their return, particularly
on the family, work and psychological fronts. It is essential that immigration detainees be
informed sufficiently far in advance of their prospective deportation, so that they can begin to
come to terms with the situation psychologically and are able to inform the people they need
to let know and to retrieve their personal belongings. The CPT has observed that a constant
threat of forcible deportation hanging over detainees who have received no prior information
about the date of their deportation can bring about a condition of anxiety that comes to a head
during deportation and may often turn into a violent agitated state. In this connection, the
CPT has noted that, in some of the countries visited, there was a psycho-social service
attached to the units responsible for deportation operations, staffed by psychologists and
social workers who were responsible, in particular, for preparing immigration detainees for
their deportation (through ongoing dialogue, contacts with the family in the country of
destination, etc.). Needless to say, the CPT welcomes these initiatives and invites those
States which have not already done so to set up such services.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents