● round table on the topic “Efficient alternatives to detention in the context of
immigration”, organized by the Ombudsman’s Institution of Montenegro with the
partners of the Council of Europe in Podgorica, during December 11-12, 2018.
Considering article 5 of the European Convention on the Defence of Human
Rights and Fundamental Freedoms, protecting persons against the arbitrary
interference of a member state in their right to freedom, so that any deprivation of
freedom is only legal when included in the exhaustive list of admissible reasons, as
listed by the Convention, it was concluded that detention, as deprivation from
freedom, must represent an exceptional, last resort measure, stipulated in national
laws and only enforced when absolutely required, proportional to a legitimate
purpose, assessed in the particular circumstances of the case and in compliance with
fundamental rights.
Taking this reality into account, the round table discussions focused on
alternatives to detention in the context of migration, as they represent a challenge for
the authorities, especially since special attention must be paid to vulnerable asylum
applicants, such as women, children, victims of trauma or torture, persons with
disabilities, older people, etc.
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