Safeguards for irregular migrants deprived of their liberty
88. It is in the interests of both irregular migrants and staff that there be clear house
rules for all detention facilities, and copies of the rules should be made available in a
suitable range of languages. The house rules should primarily be informative in nature
and address the widest range of issues, rights and duties which are relevant to daily life in
detention. The house rules should also contain disciplinary procedures and provide
detainees with the right to be heard on the subject of violations that they are alleged to
have committed, and to appeal to an independent authority against any sanctions
imposed. Without such rules, there is a risk of an unofficial (and uncontrolled)
disciplinary system developing.
In case of the application of a segregation measure for security reasons or for the
irregular migrant’s own protection, these procedures should be accompanied by effective
safeguards. The person concerned should be informed of the reasons for the measure
taken against him/her, be given the opportunity to present his/her views on the matter
prior to the measure being implemented, and be able to contest the measure before an
appropriate authority.
89. Independent monitoring of detention facilities for irregular migrants is an
important element in the prevention of ill-treatment and, more generally, of ensuring
satisfactory conditions of detention. To be fully effective, monitoring visits should be
both frequent and unannounced. Further, monitoring bodies should be empowered to
interview irregular migrants in private and should examine all issues related to their
treatment (material conditions of detention, custody records and other documentation,
the exercise of detained persons’ rights, health care, etc.).
Health-related safeguards
90. The assessment of the state of health of irregular migrants during their deprivation
of liberty is an essential responsibility in relation to each individual detainee and in
relation to a group of irregular migrants as a whole. The mental and physical health of
irregular migrants may be negatively affected by previous traumatic experiences. Further,
the loss of accustomed personal and cultural surroundings and uncertainty about one’s
future may lead to mental deterioration, including exacerbation of pre-existing symptoms
of depression, anxiety and post-traumatic disorder.
91. At a minimum, a person with a recognised nursing qualification must be present
on a daily basis at all centres for detained irregular migrants. Such a person should, in
particular, perform the initial medical screening of new arrivals (in particular for
transmissible diseases, including tuberculosis), receive requests to see a doctor, ensure
the provision and distribution of prescribed medicines, keep the medical documentation
and supervise the general conditions of hygiene.
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