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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