I
mmigration detention is an administrative measure and should
therefore not be punitive—either in nature or in its impact. It
should be authorized only when it is necessary, reasonable and
proportionate to the legitimate purpose to be achieved, and only if
less coercive alternatives cannot be found. Authorities usually resort to such form of detention for various purposes and at various
stages of the immigration process, including upon arrival, during the
processing of protection or legal claims (including asylum procedures), and in preparation for departure (including forced removal).
Not all of these purposes constitute legitimate grounds for detention, and some may amount to arbitrary detention. Legitimate aims,
such as health checks, may sometimes be used in a discriminatory
or disproportionate manner against certain groups, including on the
basis of gender identity.
Some reception centers are characterized by restrictions on movement and partial deprivation of liberty (such as nighttime curfews or
prohibitions on movement beyond predefined perimeters), and therefore amount to de facto detention facilities. Other centers, usually
encountered upon arrival (e.g. at airports) or purpose-built facilities
for migrants whose asylum claims have been rejected, are stricto
senso places of detention. So-called off-shore detention facilities or
deprivation of liberty on vessels must also be on the radar of torture
prevention bodies, as risks of abuse are particularly acute in such
settings. LGBTI migrants may also face restriction of movement or
even deprivation of liberty in refugee camps (see below, “Deprivation of liberty in grounds related to migration”).
Risks of human rights violations, including torture and other forms
of ill-treatment, are particularly high across all immigration deten-
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