A/69/44 list any alternatives to detention and that undocumented immigrants are routinely detained, without a consideration of less coercive measures or the person’s risk of absconding. The Committee is further concerned by reports indicating that immigrants are being detained repeatedly by the police, owing to the absence of a valid residence permit, for periods that exceed the 18-month maximum legal period, even when the State party cannot carry out the deportation within a reasonable time. The Committee supports the view of the European Court of Human Rights in M.A. v. Cyprus that the current recourse before the Supreme Court under article 146 of the Constitution to challenge the lawfulness of a detention order, which is of an average of eight months at first instance, is too long to guarantee a prompt judicial review of the detention (arts. 11 and 16). The State party should: (a) Repeal the legal provisions that criminalize irregular entry and/or stay, and list in the legislation alternative measures to administrative detention, such as reporting requirements or sureties; (b) Establish and apply guidelines to examine the necessity and proportionality of the detention and prohibit detention when there are no prospects for the immigrant of being removed within a reasonable time; (c) Apply detention only as a last resort, after alternative measures to administrative detention have been duly examined and exhausted, when necessary and proportionate and for as short a period as possible, which should never exceed the absolute time limit for the administrative detention of undocumented immigrants, including in cases of repeated detention; (d) Ensure that the release letter provides for a temporary residence permit for immigrants pending the regularization of their status, so that they do not enter the detention cycle; (e) Ensure prompt and regular review by a court of the detention of undocumented migrants. Ill-treatment and conditions of detention at the Menoyia detention centre (18) While welcoming the appointment of a complaints committee in May 2013 to handle complaints regarding ill-treatment and detention conditions in the Menoyia detention centre, as well as the decision to refrain from using handcuffs, the Committee remains concerned by the numerous allegations of ill-treatment by police in the centre, which has led to protests and hunger strikes. The Committee also received information regarding very limited outdoor access, poor quality of food and frequent resort to solitary confinement (arts. 11 and 16). The Committee urges the State party to ensure that the legal regime at Menoyia detention centre is suitable for its purpose and that it differs from the regime of penal detention. The complaints committee should vigilantly pursue each complaint and immediately transmit allegations of ill-treatment to the Office of the Attorney-General for further investigation. Solitary confinement should remain a measure of last resort, imposed for as short a time as possible, under strict supervision and judicial review. Detention of unaccompanied children and families (19) While acknowledging the efforts of the State party, through a ministerial decision communicated on 5 May 2014, to limit detention for the purpose of the deportation of unaccompanied children and families with children, the Committee notes with concern that such detention is still permitted if a mother with minor children “refuses to cooperate” or during the age verification process for an unaccompanied minor. In both cases, the families or minors will be detained “in suitable establishments that will be created in due time with GE.14-12596 97

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents