CPT: 15TH GENERAL REPORT 15 Guidelines on the forced return of foreign nationals 43. On 4 May 2005, the Committee of Ministers adopted Twenty Guidelines on forced return*. The origin of the Guidelines lies in Parliamentary Recommendation 1547 (2002) on expulsion procedures in conformity with human rights and enforced with respect for safety and dignity. When replying to the Assembly, the Committee of Ministers expressed support for the idea of drawing up a code of good conduct for expulsion procedures that “would make it possible to lay down the various guidelines developed by different bodies within the Council of Europe in one pragmatic text to be used by governments when developing national legislation and regulations on the subject”. Terms of reference were given to the Ad hoc Committee of Experts on Legal Aspects of Territorial Asylum, Refugees and Stateless Persons (CAHAR) to prepare such a code, and it was provided that this work should be carried out in consultation with the CPT. 44. The CPT was very glad to have been associated with the preparation of the Twenty Guidelines. Indeed, as from the beginning of its activities, the Committee has been giving particular attention to the treatment of persons deprived of their liberty under aliens legislation. The CPT set out in its 7th General Report some of the main issues pursued by the Committee in relation to such persons (cf CPT/Inf (97) 10, paragraphs 24 to 36), and in its 13th General Report described a number of principles which it had developed as regards the forced removal of foreign nationals by air (cf. CPT/Inf (2003) 35, paragraphs 27 to 45). The CPT intends to provide a comprehensive account of its standards in relation to immigration detainees in the substantive section of a future General Report. For the time being, the CPT is pleased to note that the Twenty Guidelines reflect many of the standards already developed by the Committee, in particular as regards conditions of detention pending removal and the procedures to be followed in the event of forced removal. The Committee would like to take this opportunity to make a few remarks on certain specific issues. * Document CM(2005)40 final, accessible at http://www.coe.int/cm/ 45. Guideline 10 (1 to 3) in general supports the principle, defended by the CPT, that persons deprived of their liberty under aliens legislation for an extended period should be accommodated in facilities specifically designated for that purpose, offering material conditions and a regime appropriate to their legal situation and staffed by appropriately qualified personnel. That said, it is regrettable that it was found necessary to qualify this recommendation with the term “normally”. It is not uncommon for CPT visiting delegations to encounter immigration detainees who have been held for weeks and sometimes months in airport lounges or ordinary police stations, subject to mediocre material conditions of detention and deprived of any form of activity. Such situations must cease. Similarly, the CPT is concerned by the stipulation in Guideline 10 (4) that persons detained pending removal should not “normally” be held together with ordinary prisoners. In the CPT’s view, it should be very exceptional for immigration detainees to be held in prisons, and even in such cases they should always be held quite separately from remand or sentenced prisoners. 46. The CPT welcomes the emphasis placed in Guidelines 6 (2) and 10 (5 to 7) on the need to ensure that persons detained pending removal have access to a lawyer and a doctor, are able to inform their relatives of their situation, and are informed of their legal situation and rights. Similarly, it has noted with interest the references in Guidelines 5(2) and 9(2) to the need to make provision for legal aid in connection with remedies against a removal order or detention. In this context, the Committee wishes to underline that the right of access to a lawyer should apply as from the very outset of the detention period and include the right to have a lawyer present during interviews/hearings with the immigration and other authorities concerned. Further, ensuring effective access to a lawyer entails provision of legal advice in a language understood by the immigration detainee either directly or with the aid of a trained interpreter.