Accommodation
In light of the number of hours spent in cells or dormitories on a daily basis, the conditions of accommodation have a...
“Foreigners in detention” are defined as those who are detained in a State of which they are not nationals. In some countries, foreigners represent a minority, while in others they are by far the majority. It is important to distinguish between foreigners detained following a criminal process and those detained for immigration-related reasons.
Foreigners are found in criminal detention facilities having been accused of or convicted for crimes under the national law of the country; having been detained at the request of another country pending extradition/deportation; or having been detained/serving a sentence by an International tribunal. In some countries, unauthorised or irregular entry or stay in the territory without proper documentation is criminalised and leads to imprisonment.
In some countries, violations of the immigration law (alleged breach of conditions of entry, stay or residence of a territory) leads to administrative detention (also called retention), which describes arrest and detention without charge or trial ordered by the administrative authorities rather than a court. Authorities usually detain migrants to verify their identity; during the refugee determination process; and/or when a deportation decision has been made to ensure the migrant does not abscond. Today, use of the term "immigration detention" is growing despite the fact that it should only be a measure of last resort. When detention is used, it is incumbent on the State to mitigate the loss of liberty as far as possible by ensuring that the treatment and conditions are respectful of the dignity and non-criminal status of immigration detainees.
Foreigners under the criminal system are usually detained in any detention facility alongside nationals of the country, such as police stations or prisons. They can be vulnerable at many levels and face heightened risks of abuse or ill-treatment, as they are outside their countries of origin or nationality, unfamiliar with the legal context or even with the language. They may not have a strong family or community support network available to them. This can have serious psychological effects on a detainee, as well as deprive them of external physical support, such as food and clothing.
In addition to visits and other means of communications (e.g. telephone, email, post), authorities have a legal obligation under the Vienna Convention to notify the diplomatic or consular representatives of foreign detainees, including migrants, as long as the detainee consents to this notification.
In some situations, foreigners in detention are grouped by nationality and it is not uncommon that tensions arise between national groups.
To a varying degree, foreigners will struggle with the language spoken in the place of detention. For example, one of the key procedural safeguards is that detainees are informed on arrival of the reasons why they are detained and the process to appeal their detention. This right can only be fully respected if detainees are provided with the information in a language that they understand and/or that they have access to an interpreter.
States should take positive actions on behalf of foreign detainees, such as ensuring that key documents (e.g. detainees’ rights, internal rules, complaints system) are translated in various languages and providing diets that cater for different cultural requirements. Such measures mitigate the risk of isolation of foreign detainees due to language barriers and religious and cultural practices.
These risks can be further exacerbated for persons with special needs or those who in situations of vulnerability, such as: women; children, including unaccompanied or separated children; members of different ethnic/tribal/social groups detained together; victims of torture or trauma; trafficked persons; smuggled migrants; stateless persons; persons with disabilities; elderly persons; LGBTI persons; or those with urgent medical needs.
The authorities should recognise and address the specific needs of foreigners in detention. Foreign detainees should not be automatically placed in remote places of detention by simple assumption that they have no family contacts. Similarly they should not be denied leave solely because they have no home to go to. It is the duty of authorities to ensure that foreigners are not discriminated against and that positive measures are in place to prevent discrimination.
In light of the number of hours spent in cells or dormitories on a daily basis, the conditions of accommodation have a...
In view of the total reliance of detainees on prison authorities for their basic needs, the provision of clean water at...
Clean clothes and bedding, in sufficient quantity and adapted to the climate, are essential elements of good personal...
Adequate ventilation and lighting, including access to daylight, are among the basic elements required to ensure the...
Sanitary facilities that are in good condition, clean, sufficient in number and easy to access are essential to ensure...
The right of detainees to access the outside world implies regular and meaningful access to news, information and...
Detention – particularly the initial days - can be a very traumatic experience for foreign national prisoners. Many do...
All detainees have the right to send and receive mail and to make and receive telephone calls, except in very specific...
When someone is deprived of his or her liberty, family connections often take on a heightened importance. Family members...
Ensuring all persons deprived of their liberty have prompt access to a judge is an important safeguard against arbitrary...
Ensuring that all detainees have prompt access to a lawyer is a key safeguard of their rights in prison, whether they...
There are different types of records kept in prisons, and each performs a particular function. The office register and...
Detainees have the right to make complaints about any aspect of their treatment or conditions in detention to the prison...
The right to information is important for legal proceedings for persons in pre-trial detention (including the...
Deprivation of liberty, which is characterised by an imbalance of power between representatives of the authority and...
Some individuals and groups in detention may have specific health care needs that need to be addressed on an equivalent...
Health staff working in prisons have the same professional and ethical obligations to their patients as staff working in...
All detention facilities should make available to inmates a programme of recreational activities to maintain or improve...
Detainees in prison have a right to education and this is crucial for their rehabilitation and reinsertion into society...
All detainees have the right to a minimum of one hour outdoor exercise per day. This is crucial for their mental and...
Detainees in prison have the right to freedom of religion. There should be no discrimination based on religion and...
Work of a useful nature should be provided to keep detainees actively employed for a normal working day. This is...
Training is important so prison staff are equipped with the knowledge, skills and attitude to perform their duties well...
he way prison staff perceive the quality of their working life and how they are treated by managers and colleagues has a...
Recruitment processes play a key role in ensuring prisons have staff with the required skills, knowledge and attitude to...
In all penitentiaries authorities must sometimes conduct searches of either some of the premises or all of the premises...
Solitary confinement consists in keeping an inmate alone in a cell for over 22 hours a day. Because of the harmful...
The disciplinary regime establishes the rules of prison life by listing breaches of the internal regulations and the...
Means of restraint are instruments intended to restrain or temporarily limit the freedom of movement of a person without...
The primary purpose of separation is to ensure the protection and safety of persons deprived of their liberty, and the...
In prisons, recourse to force must always be the exception and it must always be used as a last resort. To prevent any...
Prison authorities have a positive obligation to prevent violence amongst the detainees they are responsible for. This...