Alternatives to detention for asylum seekers and people in return procedures release on bail, designated residence or regular reporting to authorities. Report of the Working Group on Arbitrary Detention, 18 December 1998, E/CN.4/1999/63 The Commission on Human Rights requested the Working Group to pay attention in the reports received to the alleged arbitrary detention of immigrants and asylum-seekers. In order to do so, the Working Group developed some guidelines and 14 guarantees meant to help determine the arbitrariness of the detention depending on whether or not the alien is able to enjoy all or some of the guarantees. Guarantee 13 addresses alternative to detention: Guarantee 13: Possibility for the alien to benefit from alternatives to administrative custody. Special Rapporteur on the human rights of migrants Report of the Special Rapporteur on the human rights of migrants, François Crépeau, Regional study: management of the external borders of the European Union and its impact on the human rights of migrants, 24 April 2013, A/HRC/23/46 48. It should of course be noted that, in fact, the Return Directive stipulates that detention should be a measure of last resort. Yet, in practice, few viable alternatives to detention appear to be explored by the European Union institutionally and by European Union member States individually. In the countries visited the Special Rapporteur witnessed an almost complete absence of readily implementable widescale alternatives to detention, including for children. Report of the Special Rapporteur on the human rights of migrants, François Crépeau, 2 April 2012, A/HRC/20/24 48. […] Research has found that over 90 per cent compliance or cooperation rates can be achieved when persons are released to proper supervision and assistance. The alternatives have also proved to be considerably less expensive than detention, not only in direct costs but also when it comes to longer-term costs associated with detention, such as the impact on health services, integration problems and other social challenges. General recommendations: […] 92. Promote viable alternatives to detention, and not insist on further entrenching detention as a migration control mechanism through support for expanded networks of detention centres. Detention should always be a measure of last resort, and children should never be detained. 53. In the Special Rapporteur’s view, the obligation to always consider alternatives to detention (non-custodial measures) before resorting to detention should be established by law. Detailed guidelines and proper training should be developed for judges and other State officials, such as police, border and immigration officers, in order to ensure a systematic application of non-custodial measures instead of detention. Non-custodial measures should be subject to legal review, and migrants who are subject to non-custodial measures should have access to legal counsel. When considering alternatives to detention, States must take full account of individual circumstances and those with particular vulnerabilities, including pregnant women, children, victims of trafficking, victims of torture, older persons and persons with disabilities. The least intrusive and restrictive measure possible in the individual case should be applied. Legislation should establish a sliding scale of measures from least to most restrictive, allowing for an analysis 10

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