Recommendations on draft codifying instrument Administrative Detention of Migrants by the Council of Europe

Recommendations on draft codifying instrument Administrative Detention of Migrants by the Council of Europe

The European Committee on Legal Co-operation of the Council of Europe wrote a draft codifying instrument to offer a coherent and clear set of international rules on the conditions of administrative detention of migrants. They have asked a written consultation on their draft instrument.

The Meldpunt Vreemdelingendetentie has given the following recommendations:

  • Migrants should not be restrained (by handcuffs, anklecuffs, or body belts) during periods of transport
  • The use of isolation or solitary confinement as a disciplinary sanction should be altogether abolished within administrative detention for migrants
  • States should adopt specific measures to reduce and/or abolish cases of repeated detention of migrants where repatriation was unsuccessful during the first period of detention
  • Migrants should be allowed a sufficient amount of time to deliberate about and draft complaints. In particular, we recommend that migrants receive a minimum period of 14 days to submit formal complaints to the complaint body.
  • Complaints submitted by migrants should be processed within a reasonable period of time, and without undue delays. In particular, we recommend that formal complaints must be processed within a maximum period of 30 days.

Read our full comment here.

Read the draft codifying instrument here.