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.