Alternatives to detention for asylum seekers and people in return procedures
2.2. Selected non-binding Council of Europe instruments relating to
alternatives to detention
The Committee of Ministers and the Parliamentary Assembly of the Council of Europe have
repeatedly emphasised the need for states to consider alternative and non-custodial measures,
based on individual assessments, before resorting to detention. The Parliamentary Assembly
stresses that children should never be detained for immigration purposes.
Instrument
Key text
Committee of Ministers,
Twenty Guidelines on Forced
Return, 4 May 2005
Guideline 6. Conditions under which detention may be ordered
1. A person may only be deprived of his/her liberty, with a view to
ensuring that a removal order will be executed, if this is in
accordance with a procedure prescribed by law and if, after a
careful examination of the necessity of deprivation of liberty in
each individual case, the authorities of the host state have
concluded that compliance with the removal order cannot be
ensured as effectively by resorting to non-custodial measures such
as supervision systems, the requirement to report regularly to the
authorities, bail or other guarantee systems.
Committee of Ministers,
Recommendation Rec(2003)5
on measures of detention of
asylum-seekers, 16 April 2003
6. Alternative and non-custodial measures, feasible in the
individual case, should be considered before resorting to
measures of detention.
Committee of Ministers,
Recommendation Rec(99)22
concerning prison
overcrowding and prison
population inflation,
30 September 1999
1. Deprivation of liberty should be regarded as a sanction or
measure of last resort and should therefore be provided for only,
where the seriousness of the offence would make any other
sanction or measure clearly inadequate.
Parliamentary Assembly of the 9. […] The Assembly therefore calls on member States to: […]
Council of Europe, Resolution
9.7. adopt alternatives to detention that meet the best interests of
2020 – The alternatives to
the child and allow children to remain with their family members
immigration detention of
and/or guardians in non-custodial, community-based contexts
children, 3 October 2014
while their immigration status is being resolved;
9.8. provide necessary resources in order to develop alternatives
to the detention of migrant children;
9.9. seek to develop and implement non-custodial, communitybased alternatives to detention programmes for children and their
families, using the “Child-sensitive Community Assessment and
Placement (CCAP) Model”;
9.10. raise the awareness of all public officials, including the police,
prosecutors and judges dealing with migration matters, of
international human rights standards, by emphasising the rights of
children and the alternatives to detention;
9.11. share best practices on the alternatives to the detention of
migrant children in all member States;
9.12. encourage collaboration between governments of member
States, the Council of Europe, United Nations agencies,
12
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents