8
Shining light on detention centres and
advancing migrants’ rights
Despite the fact that more than 100,000 migrants
transparency. Data is inaccessible or incomplete,
are detained in Europe every year. there is still little
and physical access by researchers and NGOs is
public scrutiny of what happens inside detention
often denied or limited.11 On the other hand, migrants’
centres. On the one hand, the management of
voices are systematically silenced while in detention.
10
these sites by governments or private actors lacks
Communicating with the outside world
Depending on the country, the use of mobile
and should have regular access to a telephone or
phones, smartphones and internet devices is either
their mobile phones”.14 In practice, this recommen-
prohibited or restricted. Restrictions on the use of
dation is widely disregarded.
12
smartphones are usually justified due to privacy or
security grounds. These limitations are rarely based
In several EU countries (including Austria, Belgium,
on individualised orders applying a proportionality
Bulgaria, France, Poland), people in immigration
test. Instead, they are the consequence of practices
detention are only allowed to keep and use mobile
and bureaucratic decisions. There is no codified rule
phones without a camera. 15 Since smartphones
on the right to communication while in adminis-
(which include cameras) are nowadays much more
trative detention at the European level. However,
common than phones without cameras, this results
the 2017 position of the European Committee for
in the fact that most people in detention are in
the Prevention of Torture and Human or Degrading
practice prohibited from using their personal phones.
Treatment or Punishment (CPT)13 suggested that
In federal or regional states, such as Germany and
people in detention “should have every opportunity to
Italy, the use of phones varies in different regions
remain in meaningful contact with the outside world
or centres. In some facilities in Italy, mobile phones
10 Global Detention Project, 2022, Annual Report.
11 See Jesuit Refugee Service Europe, 2023, Visiting Migrants in Detention. How it is and how it should be.
12 In the United States and Australia, mobile phones use in immigration detention is prohibited. Many EU countries confiscate migrants’ personal phones, as they
do not allow the use of smartphones. See Global Detention Project, 2021, Overview United States; Global Detention Project, 2022, Overview Australia.
13 Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), 2017, Immigration detention factsheet.
14 Ibid., p.3.
15 EMN, 2018, Ad-Hoc Query on Ad-hoc query on detention and material detention conditions. Computers (with internet) are accessible on a regular basis, but this
varies from one centre to another. Information provided by Jesuit Refugee Service Belgium.