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.