An individual can be detained for only a reasonable amount of time, up to six months, or up to 12 months, if he/she fails to cooperate with the competent authorities or a third country causes delays in obtaining proper documentation. Detention for longer than the two timeframes is justified only when there is an exceptionally large number of individuals applying for asylum or international protection. Detention must meet an individual detainee’s basic and special needs, by addressing an individual’s situation, such as any vulnerability, any factors that may prevent entry to the country, gender, relationships, age, etc. This paper recommends that the CoE must have better enforcement mechanisms when it comes to monitoring detention facilities’ conditions. The CoE must actively try the alternatives to detention that it stated in Resolution 1707 and change its effective remedy standards. The EU must define certain terms regarding detainee rights and conditions, interpret legal instruments for harmonized application, ensure guarantees are implemented, adopted, and abided by the States, and strengthen enforcement mechanisms. Finally, the CoE and the EU must work together to create a truly harmonized immigration detention system.

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