Detention of third-country nationals in return procedures The requirement that the detention be kept as short as possible is sometimes expressly contained in national legislation or guidelines.144 As described in Section 3.3, the possibility to extend detention only for a short period at a time145 as well as periodic reviews, are important tools to ensure that detention is kept as short as possible. By far not all countries collect statistics on the average length of pre-removal detention. In the 10 countries where the FRA could collect some data, the average length of pre-removal detention in 2008 ranged from 13 days in France146 or Hungary147 to 111 days in Poland.148 Although the available data is limited and not necessarily comparable as it does not always relate to the same timeframe, overall, two general comments can be made. First, the average length of detention of irregular migrants tends to be shorter in countries which allowed for a limited maximum duration of detention at the time when data was collected.149 Secondly, detention tends to be shorter in countries where removals can also take place by land.150 IR 427, available at www.courts.ie. In the Netherlands, after a period of six months the interest of the migrant to be released is usually considered by courts to outweigh the interest of the state to continue detention, although detention can be extended in a number of cases listed in Vc 2000 A6/5.3.5. In Sweden, the Supreme Administrative Court (RÅ 1993 ref 15) ruled that, as an overarching principle, prolongation of detention should be restrictively applied. See also the general principle of proportionality included in the Finnish Aliens Act at Section 5. 144 Austria, Aliens Police Act, Section 80(1); Hungary Governmental Decree No. 114/2007 (V.24.) Section 126 (5) Hungary/114/2007 (V.24.) Korm. rendelet/ (24.05.2007). In addition, in the UK, the UKBA (2008) Operational Enforcement Manual, Chapter 55.1.3 states that detention must be used sparingly, and for the shortest period necessary. In Germany (Residence Act at Section 62.2), detention pending deportation shall not be permissible if it is established that it will not be possible to carry out deportation within the next three months for reasons for which the foreigner is not responsible. 145 This is, for instance, the case for Denmark (four weeks), Estonia and Latvia (two months). 146 Contrôleur général des Lieux de Privation de Liberté, Annual Report 2008, p. 19, available online at: http://lesrapports.ladocumentationfrancaise.fr/ BRP/094000191/0000.pdf. 147 According to the National Police Headquarters (Letter No. 20361/1/2009 of 17.06.2009), the average length of alien policing detention executed by the police – detention prior to expulsion or under immigration laws – was 13 days in 2008. 148 Statistics provided by the Polish police headquarters. A considerable difference exists between facilities, for instance, in Włocławek the average duration of detention was 43 days and in Konin 240 days. 149 The average duration of detention was 13 days in France (compared to a maximum time limit of 32 days); 22 days in Greece (compared with a threemonth time limit allowed in 2008), data provided in writing by the Hellenic Ministry of the Interior, Aliens Directorate Department for Migration and Administrative measures; 35 days in Portugal (compared to a maximum length of 60 days, according to Article 146.5), information provided orally by Borders and Foreigners Office to the national FRALEX expert. 150 For example, Hungary (13 days) and Romania (between 2005 and 2008, the average was 10-12 days, see Response 2869110 provided by the Romanian National Office for Immigrations on 7 May 2008, on file with FRALEX national expert). In Finland, comprehensive statistics on the detention of irregular immigrants have not been collected by the Finnish authorities and as such, the average length of detention of irregular immigrants in Finland cannot be conclusively determined. At present, there is only one facility for the detention of immigrants under the Aliens Act in Finland which officially began operating in September 2002. The 36 Limited information could be collected on the breakdown of detainees by length of detention. In Austria, the average duration of detention in the first seven months of 2008 was 20.44 days. Some 41% of the people detained (1,299 persons) were released within the first week; further 36% of the persons detained were released between the second and fourth week and for the remaining 23% of persons detention lasted between one and 10 months.151 In the UK, of the 2,800 persons detained on 31 March 2010 slightly over half (56%) had been in detention for less than two months, 690 persons (25%) were in detention between two and six months and 540 persons (almost 20%) for longer, including 105 persons for over 18 months.152 Only a detailed review of a sufficient number of case files examining the time required to implement the removal could give a clearer picture on when the likelihood of a successful removal begins to become slim so as not to justify anymore a deprivation of liberty. However, limited studies of this kind are available. One example is a recent study in the UK carried out with persons detained for one year or more whose fate was followed for 20 months. The study revealed that only 18% of the migrants had been removed within the 20 month time frame. For four out of five persons, the deprivation of liberty had not led to the removal objective.153 statistics compiled by the Metsälä Detention Unit indicate that the average length of detention has varied between 10.3 days in 2003 and 28.8 days in 2007, see Metsälä Reception Centre/Detention Unit/Instruction Manual (11.09.2008), paragraph 1.2.1. [Metsälän vastaanottokeskus/ säilöönottoyksikkö/ perehdytyskansio (11.09.2008)]. 151 Human Rights Advisory Board (2008) Rechtsschutz für Schubhäftlinge, pp. 16f, available in German online at: http://www.menschenrechtsbeirat. at/cms15/mrb_pdf/thematische_berichte/2008_rechtsschutz.pdf. 152 UK Home Office, Control of Immigration: Quarterly Statistical Summary, United Kingdom. National Statistics. January–March 2010 p. 45, available online at: http://rds.homeoffice.gov.uk/rds/pdfs10/immiq110.pdf. 153 London Detainee Support Group (2009) Detained Lives: The Real Cost of Indefinite Immigration Detention, p. 5, available online at: http://www. detainedlives.org/wp-content/uploads/detainedlives.pdf.