FORGOTTEN
Administratively detained irregular migrants and asylum seekers
j. Lack of information on the imminent execution of a return
order
i. Legal Framework
According to the “20 Guidelines on forced return”40 which are included
in the basic principles on irregular migration of the Council of Europe:
“Guideline 15. Cooperation with returnees”
1. “In order to limit the use of force, host states should seek the
cooperation of returnees at all stages of the removal process
so that they comply with their obligations to leave the country.
2. 2. In particular, where the returnee is detained pending his/
her removal, he/she should be given information as far as
possible in advance about the removal arrangements and the
information given to the authorities of the state of return. He/
she should be given an opportunity to prepare that return,
especially by making the necessary contacts both in the host
state and in the state of return, and if necessary, to retrieve
his/her personal belongings which will facilitate his/her return
in dignity”.
“1. The removal operations should develop, insofar as possible, with
the cooperation of the returnee, even where a form of supervised or
forced return is organised as a result of the choice of the returnee not
to voluntarily comply with the removal order. When a returnee has
not been convinced by a voluntary return progamme to voluntarily
comply with the removal order, it will be advisable not to rely simply
on the threat to use coercive measures.
2. The second paragraph of this Guideline is best explained by quoting
from the 13th General Report of the CPT (CPT/Inf(2003)35, para. 41):
“Operations involving the deportation of immigration detainees must
be preceded by measures to help the persons concerned organise
their return, particularly on the family, work and psychological fronts.
It is essential that immigration detainees be informed sufficiently far
in advance of their prospective deportation so that they can begin
to come to terms with the situation psychologically and be able to
inform the people they need to let know and to retrieve their personal
belongings. The CPT has observed that a constant threat of forcible
deportation hanging over detainees who have received no prior
40 Available at http://www.coe.int/t/dg3/migration/archives/Source/MalagaRegConf/20_Guidelines_Forced_Return_en.pdf
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