interpretation is often not available. Detainees often have no clear information about their situation,
how long they will be detained, or how to contact families or legal representation, which in turn
hinders their access to rights and exacerbates their vulnerable condition.
The monitoring experts underlined that it is crucial that there are updated registers in places of
detention, notably to report critical events and injuries.
3. Access to healthcare and social services
The physical and mental health of immigration detainees is particularly important and access to
healthcare should be guaranteed, regardless of their legal status.
First of all, immigration detainees may suffer from trauma, in particular victims of torture, who need
to be identified upon admission to a detention facility. According to the CPT, whenever injuries are
recorded that are consistent with allegations of ill-treatment, such information should be brought to
the attention of the relevant prosecutor16 and a person alleging previous torture should be referred
to an independent medical examination free of charge, in accordance with the Istanbul Protocol.17
At the same time, regular access to psychological care should be provided. Medical screening upon
arrival is therefore key to detecting those needs.
Second, there is a high chance that immigration detention has a detrimental impact on physical and
mental health. Monitors should pay particular attention to this and to the consequences of a lack of
access to healthcare, especially in light of the specific needs of certain groups or individuals (children,
women, victims of torture and people with disabilities).
Participants also discussed the seemingly higher rate of suicide attempts in immigration detention
and how to monitor the risk assessment and protective measures which ought to be developed by
the authorities.
Participants noted that preliminary medical screenings are often scarce and superficial; contagious
diseases and mental health are not properly assessed in many cases but in particular in the so-called
“unofficial places of detention,” and healthcare services for women are lacking in many institutions.
In some OSCE participating States, there is a functioning procedure where migrants receive
specialized care in local hospitals. However, monitors have observed that in some cases migrants
were shackled during the transfer and examination.
Healthcare assessments also allow for the crucial process of identifying torture victims among
migrant and refugee populations. The exact numbers of torture survivors among those populations
is unclear and varies between different sources - especially between CSOs and states. It is however
widely accepted that migrant populations include a certain percentage of torture survivors whose
special needs should be addressed, including by referring them to specialized rehabilitation
services.18
CPT, Factsheet on Immigration Detention (2017), page 8.
Committee against Torture (CAT), General Comment No. 4 (2017), para. 18 (d).
18
For more information on the right to rehabilitation of torture victims in the context of migration, see
outcome report of ODIHR’s workshop for OSCE participating States (2018),
https://www.osce.org/odihr/446380?download=true; see also the ODIHR/CTI practical tool for States on how
to provide rehabilitation services to torture victims at https://www.osce.org/odihr/385497?download=true.
16
17
11