UN Committee examines rights of migrants in detention
The UN Committee on Migrant Workers (CMW) is in the process of preparing a general comment on the rights of migrants in an irregular situation and of their family members.
The APT is concerned by the fact that irregular migrants held in detention are a particularly vulnerable group, frequently subjected to arbitrary and administrative detention without judicial oversight. Their conditions of detention are often unsuitable to their particular situation and worse than those faced by persons detained under criminal legislation in the same country. We have therefore submitted observations to the Committee to address the particular vulnerability of migrants in detention, highlighting the important role safeguards (such as access to a lawyer, independent medical examination, contact with the outside world, and right to be heard before a judge) plays in preventing abuses in detention and to encourage independent monitoring of places of detention where migrants may be held.
The APT is committed to conduct further work in the area of migration in response to these concerns, and is now in the process of developing a new "practical guide on monitoring immigration detention", to be launched in 2013.