20 years of combating torture: CPT General Report 2008-2009
84. It is essential that newly arrived irregular migrants be immediately given
information on these rights in a language they understand. To this end, they should be
systematically provided with a document explaining the procedure applicable to them
and setting out their rights in clear and simple terms. This document should be available
in the languages most commonly spoken by the detainees and, if necessary, recourse
should be had to the services of an interpreter.
General safeguards during deprivation of
liberty
85. Every instance of deprivation of liberty should be covered by a proper individual
detention order, readily available in the establishment where the person concerned is
being held; and the detention order should be drawn up at the outset of the deprivation
of liberty or as soon as possible thereafter. This basic requirement applies equally to
irregular migrants who are deprived of their liberty. Further, the fundamental safeguards
of persons detained by law enforcement agencies are reinforced if a single and
comprehensive custody record is kept for every such person, recording all aspects of his/
her custody and all action taken in connection with it.
86. Detained irregular migrants should benefit from an effective legal remedy enabling
them to have the lawfulness of their deprivation of liberty decided speedily by a judicial
body. This judicial review should entail an oral hearing with legal assistance, provided
free of charge for persons without sufficient means, and interpretation (if required).
Moreover, detained irregular migrants should be expressly informed of this legal remedy.
The need for continued detention should be reviewed periodically by an independent
authority.
87. Arrangements should be made enabling detained irregular migrants to consult a
lawyer or a doctor on an ongoing basis, and to receive visits from NGO representatives,
family members or other persons of their choice, and to have telephone contact with
them.
If members of the same family are deprived of their liberty under aliens legislation,
every effort should be made to avoid separating them.
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