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carried out because of security concerns regarding his country of origin. The person concerned
had been detained for four and a half years under immigration powers after having served a
criminal sentence.
49. In addition to the length of their stay in immigration or other facilities and the uncertainty
about its actual duration, non-citizens are at times facing harsh conditions in detention. The
Working Group has been able to observe during missions over the past few years the deplorable
situation in the detention facilities in former conflict countries, countries otherwise in transition,
or countries experiencing a large influx of foreigners either from a neighbour in crisis or because
they are perceived to be a destination to realize the dream of a better life. Illegal immigrants,
irrespective of their age, are detained for months, and held together with other detainees who are
kept in custody pursuant to criminal law. They are often kept in custody without sufficient water,
food, and bedding or any possibility of leaving the cells to go to the yard, to communicate with
their relatives, lawyers, interpreters or consulates, or to challenge the legality of the deprivation
of their liberty or deportation orders. At times they are even left in the dark as to the reasons for
their custody.
50. Budgetary constraints and lack of appropriate facilities often prevent authorities from
ensuring that all illegal immigrants are detained with dignity and in a humane fashion in
accordance with article 1 of the Universal Declaration of Human Rights and the Body of
Principles for the Protection of All Persons under Any Form of Detention or Imprisonment.12
The magnitude of the international migratory phenomenon the Working Group has been able to
observe during its recent visits to certain countries allows it to affirm that it is impossible to
assume that all countries, which currently face a significant influx of aliens, are able to provide
suitable facilities for all illegal immigrants. According to the observations of the Working Group,
there are others, however, which would be able, but are unwilling to provide the necessary
services, and subject asylum-seekers and illegal immigrants to harsh detention conditions as a
deterrent.
51. The Working Group understands that some countries, especially in the southern
hemisphere, might be experiencing a novel situation. Prior to economic development it was their
citizens who tried their luck in neighbouring countries to gain more favourable economic
conditions for themselves and their families. However, it is necessary to remind all States that
illegal immigrants placed in administrative detention are not criminals or suspects. Therefore,
detention must be the exception, not the rule. The Working Group considers that taking aliens
into custody without a legal basis is totally unjustifiable and amounts to arbitrary detention under
category I of the categories applicable to the consideration of cases submitted to the Working
Group.
52. Furthermore, the Working Group feels inclined to remind Governments of the principles
developed in its Deliberation No. 5,13 particularly principles 3, 6, 7, 8, and 9:
12
13
Adopted by the General Assembly in resolution 43/173.
E/CN.4/2000/4, annex II. See also the guarantees laid down in the annual report
Working Group for 1998 (E/CN.4/1999/63, paras. 69 and 70).
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