A/HRC/34/54
detention, as well as the prohibition on holding anyone in unofficial places of detention.
Other guarantees include the detainees’ right to have prompt access to independent legal
counsel and medical assistance and to have their families notified of their arrest. In
addition, each individual has the right to challenge the legality of his/her detention and
treatment before an independent court. 9 There must be formal procedures by which a
detainee is informed of his/her rights, so as to enable him/her to enjoy those rights.
32.
The Special Rapporteur is interested in conducting a global survey on how States
implement such safeguards. He will actively cooperate with Governments during his tenure
to identify challenges and best practices and to encourage States to live up to their
obligations to fully implement relevant safeguards in order to make detainees’ rights a
reality rather than an aspiration.
C.
Migration-related torture and ill-treatment
33.
Conflicts, violence, persecution, poverty and food insecurity are driving
unprecedented waves of people to cross international borders in a desperate search for
safety. According to the Office of the United Nations High Commissioner for Refugees, in
2015 alone, 65.3 million individuals were forcibly displaced worldwide, the largest number
since the Second World War.10
34.
This rise in the number of forced displacements is paralleled by a growing and
worrying tendency around the world to criminalize irregular migration, to deter applications
for asylum and to detain people on the move. In this context, refugees, asylum seekers and
other irregular migrants have become more vulnerable to human rights violations, including
torture and other cruel, inhuman or degrading treatment or punishment.
35.
In this context, the Special Rapporteur intends to look with a renewed degree of
scrutiny into the particular risks of torture and other cruel, inhuman or degrading treatment
or punishment faced by irregular migrants in today’s world. He will do so keeping in mind
the New York Declaration for Refugees and Migrants, adopted by the General Assembly on
19 September 2016, in which States committed to protect the human rights of all refugees
and migrants.
1.
Detention of migrants and refugees
36.
Of particular interest to the Special Rapporteur’s mandate will be the use by many, if
not all, Governments of detention as a migration management tool in arrival, transit and
removal centres. During his fact-finding visits, the Special Rapporteur intends to visit
places where irregular migrants are held with a view to ensuring that they are not subjected
to treatment and conditions of detention amounting to torture or other cruel, inhuman or
degrading treatment or punishment. The Special Rapporteur is of the view that monitoring
both official and de facto places of detention where irregular migrants are held would be
instrumental for assisting authorities in addressing possible cases of abuse and improving
the conditions of life of this population.
2.
Non-refoulement
37.
The Special Rapporteur will also closely monitor the conditions under which some
irregular migrants, including asylum seekers and refugees, are being returned to their
9
10
Committee against Torture, general comment No. 2, para. 13; Human Rights Committee, general
comment No. 20, para. 11.
See www.unhcr.org/576408cd7.pdf.
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