FORGOTTEN
Administratively detained irregular migrants and asylum seekers
IV. DETAILED PRESENTATION OF FINDINGS
A. DETENTION CONDITIONS
i. Legal framework
The detention conditions of irregular migrants are regulated at
international, European and national level.
According to the «Return Handbook» of the Council of the European
Union4 :
Whenever Member States impose detention for the purpose of
removal, this must be done under conditions that comply with Article
4 Charter of Fundamental Rights of the European Union, which
prohibits inhuman or degrading treatment. The practical impact of
this obligation on Member States is set out in more detail in particular
in:
1) the Council of Europe Guideline on forced return No 10(“conditions
of detention pending removal”);
2) the standards established by the Council of Europe Committee
on the Prevention of Torture (‘CPT standards’, document CPT/Inf/E
(2002) 1 —Rev. 2013, available at: www.cpt.coe.int/en/docsstandards.
htm), addressing specifically the special needs and status of irregular
migrants in detention;
3) the 2006 European Prison Rules (Recommendation Rec(2006)2
of the Committee of Ministers to Member States) as basic minimum
standards on all issues not addressed by the above mentioned
standards;
4) the UN Standard Minimum Rules for the Treatment of
Prisoners(approved by the Economic and Social Council by its
resolutions 663 C (XXIV) of 31 July 1957 and 2076 (LXII) of 13 May
1977).
These standards represent a generally recognized description of
the minimum detention-related obligations of Member States in
4 «Return Handbook» of the Council of the European Union, page 108, available at: http://
ec.europa.eu/dgs/home-affairs/what-we-do/policies/european-agenda-migration/proposal-implementation-package/docs/return_handbook_el.pdf (3 August 2016).
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