A/HRC/7/4
page 17
II. INTERNATIONAL TRENDS ON DEPRIVATION OF LIBERTY
OF CONCERN TO THE WORKING GROUP
40. During the course of the period reported upon, the Working Group has observed a number
of disturbing trends related to the issue of deprivation of liberty. Some of the more general
themes have been taken up by the Working Group on earlier occasions. The Working Group
feels inclined to raise them again in view of new facets observed. The issues discussed below
relate to the detention of non-citizens, to the situation of vulnerable groups in detention
susceptible to sexual abuse, to detention in the context of counter-terrorism measures and in
states of emergency, as well as to the demarcation of competences amongst the various State
authorities involved in the deprivation of liberty and to registration at detention facilities.
A. Detention of non-citizens
41. In its resolution 1997/50, the Commission on Human Rights requested the Working Group
to devote all necessary attention to reports concerning the situation of immigrants and
asylum-seekers allegedly being held in prolonged administrative custody without the possibility
of administrative or judicial remedy, and to include observations on this question in its report.
Recent country visits as well as communications received and Opinions adopted within the past
year or so prompted the Working Group yet again to make the following comments.
42. The phenomenon of immigration has been steadily increasing worldwide. Nowadays
immigration concerns not only the wealthier countries located for the most part in the northern
hemisphere, to some of which the Working Group has paid a visit and has laid particular
emphasis in its reports and Opinions on problems faced by (illegal) immigrants and
asylum-seekers.10 During some of its most recent country visits the Working Group observed
that migration has also become an issue for other countries in the southern hemisphere, whose
level of preparation to deal with the matter varies. There are enormous differences between
immigration regulations in the respective countries. In this report the Working Group addresses
issues of concern observed in both developed and developing countries.
43. Some States are entirely lacking a legal regime governing immigration and asylum
procedures. Others have enacted immigration laws, but have omitted to provide for a legal
framework of detention, which, however, does not always guarantee that these States are not
resorting to detention. If there is a legal framework for detention, its design differs. States allow
for detention of asylum-seekers and immigrants outside the criminal or national security context
in order to establish the identity of illegal immigrants and rejected asylum-seekers or to secure
expulsion to their countries of origin. In other States detention is mandatory and is sometimes
even used as a means of deterring future refugee or migration flows. In some countries there is
legislation which provides for a maximum period of detention, whereas others are lacking such a
time limit. Some national laws require that detention be ordered by a judge but most States resort
10
See the respective reports on the missions to the United Kingdom (E/CN.4/1999/63/Add.3),
Australia (E/CN.4/2003/8/Add.2) and Canada (E/CN.4/2006/7/Add.2). See also
Opinions Nos. 45/2006 (addendum 1 to this report), 34/1999 (E/CN.4/2001/14/Add.1), 18/2004
(E/CN.4/2005/6/Add.1).
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