5. Open regime
Conditions of detention for irregular migrants should reflect the nature of their deprivation
of liberty, with limited restrictions in place and a varied regime of activities. Within the
detention facility, detained persons should be restricted in their freedom of movement as
little as possible.37
Detained irregular migrants should in principle have free access to outdoor exercise
throughout the day (i.e. considerably more than one hour per day) and outdoor exercise
areas should be appropriately equipped (benches, shelters, etc.).38
The longer the period for which persons are held, the more developed should be the
activities which are offered to them.39 Purposeful activities, in an immigration detention
context, can include, inter alia, language classes, IT/computer classes, gardening, arts and
crafts, cookery skills and so-called “cultural kitchens”.40
Immigration detention centres should include access to a day room and to radio/television
and newspapers/magazines, as well as other appropriate means of recreation (e.g. board
games, table tennis, sports),41 a library and a prayer room.42 All multiple occupancy rooms
should be equipped with tables and chairs commensurate with the number of persons
detained.43
The presumption should be in favour of open visits for detained foreign nationals. Visiting
rooms should enable immigration detainees to meet under open conditions with family
and friends visiting them, and the environment should be child-friendly (including a play
area for children). If, exceptionally, it is considered necessary to impose restrictions on a
particular foreign national, this should be done on the basis of an individual risk
assessment.44
Immigration detainees should be offered the possibility to have visits several times per
week. As a minimum, they should be allowed to receive at least one visit of one hour per
week.45
Immigration detainees should have access to computers along with Voice over Internet
Protocol or Skype facilities and basic internet access.46
19th General Report on the CPT’s activities, paragraph 79.
Hungary: 2015 visit, paragraph 42; France : 2010 visit, paragraph 43; Ukraine: 2009 visit, paragraph 62.
39 Cyprus: 2013 visit, paragraph 45.
40 Denmark: 2014 visit, paragraph 78; United Kingdom: 2012 visit, paragraph 120.
41 “The former Yugoslav Republic of Macedonia”: 2014 visit, paragraph 113.
42 “The former Yugoslav Republic of Macedonia”: 2014 visit, paragraph 120.
43 Greece: 2013 visit, paragraph 72.
44 Czech Republic: 2014 visit, paragraph 41; The Netherlands: 2011 visit, paragraph 72; Hungary: 2009 visit,
paragraph 44; Austria: 2014 visit, paragraph 49.
45 Germany: 2010 visit, paragraph 44.
46 Denmark: 2014 visit, paragraph 82; “The former Yugoslav Republic of Macedonia”: 2014 visit, paragraph 133.
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