E/CN.4/1999/63/Add.3
page 12
country and the subsequent processing of documentation take several months,
during which the person continues to be detained. This is another area which
requires looking into.
25.
Though the mandate of the Working Group relates to the scrutiny of the
applicable legal regime in the context of the detention of immigrants and
asylum seekers, the Working Group wishes to note that the detainees it
visited, both in prisons and in detention centres, were kept in conditions
that were humane and consistent with international legal standards, and that
the United Kingdom authorities made an effort to create an environment for the
detainees that was consistent with basic human rights.
V.
CONCLUSIONS AND RECOMMENDATIONS
26.
The Government should ensure that detention of asylum seekers is
resorted to only for reasons recognized as legitimate under international
standards and only when other measures will not suffice; detention should be
for the shortest possible period.
27.
At the time of detention, detainees should be provided in writing, in a
language they understand, with the reasons for detention.
28.
At the time of detention, detainees should be provided with a written
explanation of their rights and how to exercise them.
29.
Each decision to detain should be reviewed as to its necessity and its
compliance with international legal standards by means of a prompt, oral
hearing by a court or similar competent independent and impartial review,
accompanied by the appropriate provision of legal aid. In the event that
continued detention is authorized, detainees should be able to initiate
further challenges against the reasons for detention.
30.
Detainees should be held in special immigration detention centres in
conditions appropriate to their status and not with persons charged with or
convicted of criminal offences (unless so charged or convicted themselves).
31.
Detainees should be given adequate access to their legal
representatives, relatives and officials of the Office of the United Nations
High Commissioner for Refugees.
32.
The Government should concentrate the use of detention on appropriate
cases of rejected asylum seekers at the end of the asylum determination
process (i.e. when the incentive to abscond is increased) or where removal is
imminent and there are reasons to believe it cannot be effected unless the
individual is detained. The power to detain should not be exercised if the
person concerned is, on the basis of substantiated evidence, fully absorbed
into the society from which his removal is sought. The relevant Schedules of
the Immigration Act should spell out permissible criteria for detention.
33.
Alternative and non-custodial measures, such as reporting requirements,
should always be considered before resorting to detention.
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