UNHCR CRITICIZES DETENTION OF ASYLUM-SEEKERS IN EUROPE
Press Release
REF/1128
UNHCR CRITICIZES DETENTION OF ASYLUM-SEEKERS IN EUROPE
19951124 GENEVA, 23 November (United Nations High Commissioner for Refugees) -- The United Nations High Commissioner for Refugees (UNHCR) has expressed concern over the increasing use of detention for asylum-seekers in Europe. A UNHCR report on the issue states that asylum-seekers are being detained for weeks, months and even years in closed camps, prisons or airport transit zones while they await a decision on their claim or access to the asylum procedure.While acknowledging that many would-be migrants are abusing asylum channels to seek economic or other opportunities in Europe, John Horekens, UNHCR's Director for Europe, said governments "must make the necessary distinction between the situation of refugees and asylum-seekers and that of other aliens. This distinction should be reflected in national aliens and asylum law."
The UNHCR report calls on States to ensure that measures aimed at discouraging the abuse of asylum procedures should have no detrimental effect on the fundamental principles of international protection, including on the institution of asylum.
"The use of detention against asylum-seekers is, in the view of UNHCR, inherently undesirable...", the report says. "Freedom from arbitrary detention is a fundamental human right, and the use of detention is, in many instances, contrary to norms and principles of international law."
Conditions of detention vary widely in Europe, according to the report. In some countries, detainees have gone on hunger strike, rioted and even committed suicide. In many countries, asylum-seekers can be detained indefinitely. Usually, they are allowed to leave detention only when they are formally admitted in the refugee process or when they leave the country. In some countries, those who escape from detention centres are automatically excluded from the refugee status determination process.
Often, the report states, detained asylum-seekers are not provided adequate information on their rights, nor can they receive proper legal advice. In addition, UNHCR and non-governmental organizations are in some places refused access to detention centres or face restrictions when they are allowed in.
"Seeking asylum is not a criminal offense and must not be treated as such," said Dennis McNamara, Director of UNHCR's Division of International Protection. "Refugees have already suffered in their own country and must be protected from further harassment. It is inhumane to add detention to their plight."
UNHCR says there are viable alternatives to detention, such as reporting obligations or guarantor requirements that should be used instead of detention. But it also recognizes that detention may be used in exceptional cases, if absolutely necessary, in order to verify identity; determine the elements on which the claim for refugee status or asylum is based; deal with cases where refugees or asylum-seekers have destroyed their travel and/or identity documents or have used fraudulent documents in order to mislead authorities of the State in which they intend to claim asylum; or protect national security or public order.
The UNHCR report says that, among other things, detained asylum-seekers should be granted the right to be informed of the reasons for detention in a language and in terms which they understand; the right to challenge the lawfulness of the deprivation of liberty promptly before a competent, independent and impartial authority; and the right to contact the local UNHCR office, available national refugee or other agencies, and a lawyer. The means to make such contacts should be readily available.
Minors should not be detained, the report says. If they are, it should be only as a last resort, in accordance with Article 37 of the Convention on the Rights of the Child, and for the shortest possible time.
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