indeed discouraged from applying, since they are
informed that detention time starts once more
from zero, once they apply for asylum and until a
final decision is reached on their application.
Deterrence is not a standalone policy. In fact, it
is complimented by return and increasingly
linked with “voluntary” return, procedure
initiated during detention often with the
assistance of IOM, whereby the migrant is
presented with the alternative to “go home” or
remain in detention while his/her asylum claim is
processed or travel documents are issued for
removal. Because voluntary return means the
migrant cooperates and embassies tend to also
be more cooperative (when the individual wishes
to return), it is also a more expedient process;
however it has raised criticism as to what an
extent it is “voluntary” and how “sustainable” is
the return (or whether the migrant re-migrates
upon return).
There is a common agreement among scholars
and NGOs that using detention in its disciplinary
and punishment dimension is increasingly
common in European countries. Relevant studies
and NGO experiences documented in Forced
Migration Review (fall 2013) note that there is a
pressing need for assessing the costs (both direct
in terms of lodging and policing detained people,
and indirect in terms of the damage inflicted to
these people whose only crime is to have crossed
the country‟s borders unauthorized and/or
having applied for asylum) of detention.
In addition, the costs of detention need to be
examined more closely. Recent studies5 have
shown that Italy is spending a minimum of 55
million Europe per year for the functioning of its
CIE centres (Centres for Identification and
Expulsion). In the period between 1998 and 2012
nearly 170,000 individuals have been “hosted” at
CIE but only 46.2% of them have been effectively
removed from the Italian territory. In addition
the Italian government has invested in the period
2005-2012 a total sum of 1.668 billion Euros (of
which 1.3 billion contributed by the Italian state
and 281.3 million from EU funds) with a dubious
success in limiting the phenomenon of irregular
migration. In addition the studies show that
there is a lack of transparency on how policies
are implemented and how money is spent. There
is a lack of evaluation and assessment of the
activities conducted and the expenses sustained.
In addition under the current Spending Review,
the funds available for the CIE have been
reduced further jeopardising the quality of life
and the respect of the basic human rights of
people detained there.
As Claire de Senarclens argues4 immigration
detention is usually thought of as a way to
facilitate the removal of illegally staying foreign
nationals. However it is useful to distinguish
between administrative detention, mainly
aiming at guaranteeing that the individual is
present when it comes to the execution of their
removal, and the disciplinary function of
detention, when it is thought of as an
instrument of coercion for forcing people to
cooperate for the purpose of their own removal.
Indeed the distinction may be subtle but is real.
There is a third type of detention: detention as
sanction for having crossed the border
unauthorized and/or for seeking asylum. This
punishment dimension is used by governments to
deter prospective irregular migrants from
entering their territory or asylum seekers from
applying for international protection. The latter
is related to the view that applying for asylum
actually stalls the removal procedure until the
application is processed (which in countries like
Greece for instance may take several years).
The Greek authorities have so far failed to
consider let alone implement alternative
measures such as community integration of
asylum seeking or irregular migrants awaiting
5
For more details see http://www.lunaria.org/wpcontent/uploads/2013/05/SINTESI_COSTIDISUMANI_
def.pdf and http://www.wisslab.dirpolis.sssup.it/files/2013/06/Libro-dirpolisita.pdf
4
See Forced Migration Review, fall 2013, Issue 44,
page 60.
2