6. Qualified staff
Custodial staff in detention centres for immigration detainees should be carefully selected
and receive appropriate training.47
Staff should possess well-developed qualities in the fields of interpersonal communication
and cultural sensitivity, given the diverse backgrounds of the detainees. Further, at least
some of them should have relevant language skills.48
They should also be taught to recognise possible symptoms of stress reaction displayed by
detained persons and to take appropriate action.49
The presence of both male and female staff can have a beneficial effect in terms of the
custodial ethos and foster a degree of normality in a place of detention.50 The presence of
female custodial staff members should be guaranteed in all establishments accommodating
female detainees.51
The ethos of an immigration detention setting should not be carceral, which means that
staff working within immigration detention facilities should not be equipped with batons,
handcuffs or pepper spray.52
7. Discipline, segregation and means of restraint
As regards discipline, clear procedures should be formally established and applied in
practice; any grey areas involve the risk of an unofficial (and uncontrolled) system
developing.53 In this context, the CPT recommends that:
- formal disciplinary regulations be drafted for holding centres for foreign nationals
detained under aliens legislation. These regulations should provide detainees with a
right to be heard on the subject of the offences which they are alleged to have
committed, and to appeal to a higher authority against any sanctions imposed;
- a clear disciplinary procedure be adopted, affording detained persons the rights to be
informed in writing of the charges against them, and to call witnesses on their own
behalf.54
If segregation is imposed (e.g. for security reasons), the foreign nationals concerned should
be provided with a copy of the relevant decision and information on the possibilities to
appeal the measure to an outside authority, segregation should be time-limited and a
separate register should be established (setting out full information, such as date and time
of entering and leaving, grounds for segregation, etc.). 55
Luxembourg: 2015 visit, paragraph 111; Czech Republic: 2014 visit, paragraph 37.
Luxembourg: 2015 visit, paragraph 111; Czech Republic: 2014 visit, paragraph 37.
49 Luxembourg: 2015 visit, paragraph 111; Czech Republic: 2014 visit, paragraph 37.
50 Greece: 2013 visit, paragraph 79.
51 Malta: 2004 visit, paragraph 61.
52 Norway: 2011 visit, paragraph 38; Latvia: 2011 visit, paragraph 36.
53 Malta: 2004 visit, paragraph 64.
54 19th General Report on the CPT’s activities, paragraph 88; Ukraine: 2009 visit, paragraph 71; Bulgaria: 2008 visit,
paragraph 44; France: 2006 visit, paragraph 76.
55 19th General Report on the CPT’s activities, paragraph 88; Ukraine: 2009 visit, paragraph 71; Bulgaria: 2008 visit,
paragraph 44; France: 2006 visit, paragraph 76.
47
48
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