CMW/C/GC/2
necessary free of charge, to challenge the lawfulness of detention. Children, and in
particular unaccompanied or separated children, should never be detained solely for
immigration purposes.
34.
Article 16, paragraph 8, of the Convention provides for the right of migrant workers
attending such proceedings to an interpreter, if necessary, without cost to them, if they
cannot understand or speak the language used. In the Committee’s view, States parties
should take effective measures to ensure that all migrant workers held in migration
detention centres, including those who opt for voluntary repatriation, are properly informed
of their rights in a language they understand, especially with regard to their rights to
consular assistance, to challenge the lawfulness of their detention and/or to release, to
request asylum and to receive information about protection measures available to victims or
witnesses of trafficking in persons.
35.
Article 16, paragraph 9, provides for an enforceable right to compensation for
migrant workers and members of their families who have been victims of unlawful arrest or
detention. This right does not depend on a violation of article 16. It is sufficient that the
arrest or detention be found unlawful under national or international law. States parties
shall ensure that the right to compensation can be effectively enforced before the competent
domestic authority. States parties must also ensure that migrant workers and members of
their families are not expelled while their claim is being considered.
3.
Protection against inhumane treatment
36.
In accordance with article 17, paragraph 1, of the Convention, States parties have an
obligation to treat migrant workers and members of their families who are deprived of their
liberty with humanity, and with respect for their inherent dignity and cultural identity. In
order to respect the inherent dignity of migrant workers and members of their families who
are deprived of their liberty, States parties are obliged to ensure adequate conditions in line
with applicable international standards, including the provision of adequate sanitary,
bathing and shower facilities; adequate food (including appropriate food for those
observing religious dietary laws) and drinking water; the right to communicate with
relatives and friends; access to qualified medical personnel, and adequate opportunities to
practise their faith, for example. It also requires States parties to ensure that they are not
subjected to any form of inhumane treatment, including sexual violence and abuse, by
guards or other detainees or inmates. States parties must therefore:
(a)
Train supervisory and other staff;
(b)
Enable regular and independent monitoring of places where migrant workers
are or may be deprived of their liberty;
(c)
Ensure that they have access to effective and independent complaint
mechanisms, including access to legal counsel and interpreters;
(d)
Investigate complaints of torture and other forms of ill-treatment in places
where migrant workers or members of their families are deprived of their liberty; and
(e)
Bring those responsible to justice.
37.
Article 17, paragraph 2, of the Convention provides that accused migrant workers
and members of their families shall be separated from convicted persons and shall be
subjected to a regime appropriate to their status as persons who have not been convicted of
a crime. In addition, accused juveniles shall be separated from adults and brought as
speedily as possible for adjudication.
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