Conclusion
Due to the complexity of the dual systems in Europe, there is no one solution to the issue
of migrant detention. There are pitfalls in each system, which need to be addressed to improve
the lives of those arriving in Europe. However, as outlined above, each system can take steps to
better protect individuals, basic human rights, and preserve human dignity during this ongoing
humanitarian crisis.
The CoE needs better enforcement mechanisms to ensure that detention facilities are up
to the minimum conditions and safeguards in Resolution 1707 and the ECHR. The ECtHR
should allow the right to a fair hearing so as to provide an effective remedy against human rights
abuses suffered by detainees. Finally, the CoE needs to try the alternatives to detention that were
listed in Resolution 1707 in conjunction with finding other alternatives by December 2017.
The EU needs clear definitions on guidelines for terms regarding detention areas. Further,
deficient and non-specialized facilities coupled with mass migration and procedural confusion
result to unlawful detentions, degrading treatment, and insufficient living conditions. The EU
must promote the suggested recommendations, emphasize alternatives to detention, and open
access to review and procedural infrastructure. It must also ensure clear implementation of the
guaranteed procedures mentioned above and assessment indicators regarding detention,
vulnerable person, and proportionate measures. Lastly, the EU should form a partnership with
the Council of Europe in order to implement recommendations and proposals for harmonization
of detention policy in Europe, especially in light of the mass migration to Greece.
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