Appendix Seven Declaration by European Preventive Mechanisms on the need for Council of Europe rules on immigration detention Conference on Immigration Detention in Europe, 21–22 November 2013, Strasbourg Building on Resolution 1707 (2010) of the Parliamentary Assembly on detention of asylum seekers and irregular migrants, and the work and recommendations of the Committee for the Prevention of Torture of the Council of Europe on immigration detention. Taking into account the fundamental distinction between criminal and administrative detention. 1. The European National Preventive Mechanisms54 (NPMs) gathered in Strasbourg support work to develop the codification of a set of Immigration Detention Rules applicable to Council of Europe member States, which are based on the precedent of the European Prison Rules. The NPMs are ready to participate in the development of this codification. 2. The support of the existing European NPMs reflects the absence of consolidated rules in the area of immigration detention, the development of which is agreed to be both necessary and feasible. 3. Such rules will help NPMs fulfil their mandates as detention monitoring bodies, in order to prevent torture and ill-treatment. 4. Such rules will also provide clear guidance to detention authorities and persons working with immigration detainees. 5. The Immigration Detention Rules should: - codify existing international and regional human rights standards applicable to all forms of deprivation of liberty on the grounds of immigration status; - be of equivalent status to the European Prison Rules; - cover, among others, the following areas: conditions of detention and treatment of detainees; health care; information about rights; access to legal representation and procedures; exercise of the right of asylum; communication with the outside world; appropriate measures for safety and order; effective complaints mechanisms; access to interpreters; due consideration for diversity of personal situations and origins, with special attention to women and especially vulnerable groups; purposeful activities for detainees; procedures and preparation for release and removal. 6. We consider that the Council of Europe is the organization that is best placed to realize this endeavour, which should take into account existing European Union legislation in this area. 54 National Preventive Mechanisms are independent bodies that have been established by States in line with the Optional Protocol to the UN Convention against Torture, as a means to prevent torture and ill-treatment in all places of detention. 62