Arbitrary detention: UN expert group urges the USA to
abolish the mandatory detention of migrants
WASHINGTON (24 October 2016) – The United Nations Working
Group on Arbitrary Detention today called on the Government of the United
States of America to abolish the mandatory detention of migrants, especially
asylum seekers, from all countries.
“Mandatory detention of migrants, especially
asylum-seekers, is against international law standards,” the expert panel
stressed at the end of its first official visit to the country, while urging
the authorities to ensure individual assessment for detention of asylum
seekers, including women, men and children.
“While immigration detention should be civil, i.e.
non-punitive, in nature, we observed during our visits to various immigration
facilities that people are being detained under punitive conditions that are often
indistinguishable from those applicable to persons subject to criminal
punishment,” said the Group’s delegation comprised by human rights experts
Seong-Phil Hong, José Guevara, and Leigh Toomey.
“The detention of migrants appears to be implemented as a
deterrent to immigration and to the continuation of legitimate immigration
claims,” the experts said. “Migrants who vigorously pursue claims for relief
from removal face substantially longer detention periods than those who concede
removability, and subsequently have a record of entry that can be the basis to
deny re-entry in the future. Moreover, mandatory detention can cause asylum
seekers to revoke legitimate claims.”
The Working Group also expressed concern about the
practice of separating families and urged the US Government to end the
detention of families and children, including unaccompanied children, in the
context of migration and make concrete efforts to explore alternatives to
detention.
During the two-week visit, from 11 to 24 October, the
Group’s delegation also assessed the situation of deprivation of liberty in the
context of criminal justice, health, and Guantanamo Bay.
“There are serious economic and racial disparities that
are affecting the fairness of the entire justice system,” the experts said and
pointed out barriers in accessing legal representation, and lengthy pre-trial
detention. “We encourage the Government to provide funds to improve access to
effective legal representation for all, both in the criminal justice and immigration
contexts.”
In the context of health, the Working Group underlined
that the hospitalization of persons suspected of suffering from a mental
illness must take into account their vulnerable position. “The necessity of
continued hospitalization must be reviewed regularly at reasonable intervals by
a court or a competent independent body. The person must be released if the
grounds for hospitalization no longer exist,” the experts said.
The panel also recommended that confinement or
involuntary treatment of pregnant women suspected of substance abuse should be
used only as a last resort when a person poses an immediate threat to herself
or others, only for the shortest period of time, and with appropriate due
process guarantees. “The confinement should be replaced with alternative
measures that protect women without jeopardizing their liberty,” they said.
In relation to the significant growth of the mental
health population in the prison system, the Working Group recommended that a
specific set of pre-arrest, and pre-trial intervention programs be developed
aiming at preventing the incarceration of those in need of mental health
treatment.
Finally, the Working Group urged the US Government to
accelerate the closure of the Guantanamo Bay detention facility to end
prolonged and indefinite pre-trial detention. In addition, the experts
encouraged the US Congress to lift the ban on transfers of Guantanamo Bay
detainees to the United States.
The Group’s delegation held various meetings with
officials from the U.S. Department of State, the Office of the Special Envoy on
Guantanamo Closure, the Department of Homeland Security, the Department of
Justice and its Bureau of Prisons, the Health and Human Services, as well as
various authorities in Washington D.C., Texas, California and Illinois.
The experts visited various places of deprivation of
liberty at federal, state and local levels, including border patrol locations
and immigration detention centres which house children, adults and families;
immigration courts; county jails where persons are held in pre-trial detention;
large correctional centres and prisons of different security classifications;
and centres at which drug treatment is provided and seriously mentally ill
inmates are under care. It was able to interview approximately 280 persons who
are currently detained.
The Working Group will present its final report to the UN
Human Rights Council in September 2017.
(*) Check the Working Group’s full end-of-mission
statement: http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=20746&LangID=E
ENDS
The Working Group is comprised of five independent expert
members from various regions of the world, namely: Mr. Sètondji Roland Adjovi
(Benin), Chair-Rapporteur; Mr. José Guevara (Mexico), Vice-Chair on
Communications; Ms. Leigh Toomey (Australia), Vice-Chair on Follow- Up; Mr.
Seong-Phil Hong (Republic of Korea) and Mr. Vladimir Tochilovsky (Ukraine). The
expert group was established by the Commission on Human Rights in 1991 to
investigate instances of alleged arbitrary deprivation of liberty. Its mandate
was clarified and extended by the Commission in 1997 to cover the issue of
administrative custody of asylum-seekers and immigrants. In September 2013, the
Human Rights Council confirmed the scope of the Working Group's mandate and
extended it for a further three-year period. Learn more, log on to:
http://www.ohchr.org/EN/Issues/Detention/Pages/WGADIndex.aspx
The Working Groups are part of what is known as the
Special Procedures of the Human Rights Council. Special Procedures, the largest
body of independent experts in the UN Human Rights system, is the general name
of the Council’s independent fact-finding and monitoring mechanisms. Special
Procedures mandate-holders are independent human rights experts appointed by
the Human Rights Council to address either specific country situations or
thematic issues in all parts of the world. They are not UN staff and are
independent from any government or organization. They serve in their individual
capacity and do not receive a salary for their work.
UN Human Rights, country page – United States:
http://www.ohchr.org/EN/countries/LACRegion/Pages/USIndex.aspx
For more information and media inquiries, please contact:
In Washington, during the visit: Karen F. Smyth (+1 202
454 2106 / +1 301 351 0025 / smythk@un.org)
During and after the visit: Lucie Viersma (+41 79 444
3993 / +41 22 928 9380 /
lviersma@ohchr.org) or) and Yiyao Zhang (+41 79 201 0123 / + 41 22 917
96 34 / yzhang@ohchr.org) or write to wgad@ohchr.org
You can access this press release at: http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=20749&LangID=E
For media inquiries related to other UN independent
experts:
Xabier Celaya – Media Unit (+ 41 22 917 9383 /
xcelaya@ohchr.org)
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