E/CN.4/1999/63/Add.3
page 11
20.
The Working Group conducted separate interviews of a large number of
detainees. The impressions of the Group were as follows:
(a)
A large majority of asylum seekers were economic migrants;
(b)
A large number of economic migrants were aware of the fact that
their travel documents were either forged or that they were not in possession
of the correct identification documentation, and of the risks entailed in
being apprehended and discovered at the time of entry;
(c)
A small percentage were genuine asylum seekers.
21.
The Government’s position is that lack of availability of space for
detention obliges it to release a large number of asylum seekers who otherwise
may have been liable to be detained, though the Working Group does not accept
the proposition put forth by the Government that it was the release of such
persons which was arbitrary, rather than their detention.
22.
The Working Group came across several instances where the authorities
had detained persons who had been in the United Kingdom for long periods of
time, in some instances, for over 10 and even 12 years. Throughout these
years, the persons concerned complied with all the requirements and conditions
of release imposed at the time of entry. The explanation given was that this
situation was unavoidable since the appeal procedures and subsequent court
proceedings had taken a long time; this does not, however, detract from the
inherent injustice of the situation. The Group was informed that the person
is allowed to remain in the United Kingdom only if the procedures are not
completed within a period of 14 years. This period is far too long. To avoid
such situations, the authorities must do everything possible to hasten the
process of appeals and court proceedings. A rational rule based on
proportionality may also be framed to obviate the necessity of detaining
persons who have already been absorbed into society.
23.
It must, however, be conceded that proceedings before appellate
authorities and the courts are not entirely controlled by the Government. The
issue requires a fresh look. Those who have overstayed in the United Kingdom
or otherwise await completion of proceedings for long periods should not be
subjected to detention.
The Group was informed that the reason for detention
was that pursuant to the conclusion of all legal remedies, it is likely that
the persons concerned will abscond and will be therefore unavailable to the
authorities for removal or deportation. Detention in these circumstances
may be legally justified, but the fact remains that the removal in such
circumstances of a person who has developed roots in the society from which
his removal is sought is inherently unjust.
24.
The Working Group came across instances where persons had been detained
for long periods of time awaiting deportation. In many cases, countries of
origin are reluctant or unwilling to accept their nationals, and the
implementation of the deportation order takes a long time. Frequently, the
person concerned does not have valid documentation for the issuance of a
passport or entry permit. If the country of origin of the applicant does not
respond favourably to the person awaiting deportation, the United Kingdom
authorities have to find a third country to accept him. Locating such a
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