Working together to end immigration detention:
9
a collection of noteworthy practices
are completely banned, while in others, their use is
that excessive limits on the use of phones result
accepted with very few restrictions. The situation is
in a violation of migrants’ fundamental rights. 20
similar in Greece, where practices change according
However, litigation on this subject does not appear
to each detention centre.
16
Only a few EU member
to be widespread. Further steps need to be taken to
states allow the use of smartphones or internet
ensure that people in detention centres are able to
devices with time limitations. In Portugal and in
communicate, including through their smartphones
Spain, personal phones are allowed but according to
and mobile apps.
17
a strict time schedule. In Belgium, some detention
18
centres partially lifted restrictions on the use of
Against this background, and in order to facilitate
personal phones during the pandemic to counteract
communication with the outside world and to make
feelings of isolation,19 yet re-introduced them after
the voices of people in detention heard, some civil
the end of the pandemic.
society organisations have set up hotline systems.
These allow detained people to speak to NGOs
Overall, further research is needed in this field,
and volunteers by calling them from the phones in
as information on the limits to the use of phones,
detention centres without additional costs.
mobile phones and internet devices is incomplete
and not up to date in several countries in Europe. In
In Belgium, people in detention have to pay for
a digital world in which smartphones represent the
their phone calls out of their own pocket. This often
most common and easy way for people to stay in
represents a challenge and forces people to rely on
touch with families and friends, to store documents
NGOs providing them with mobile top-ups and old
and personal information, and to exercise their
phones without cameras.21
rights to defence, information, and communication
with the outside world, the bans and limitations
In the Netherlands, the NGO Stichting Los launched
placed in detention centres on the use of mobile
the initiative ‘Meldpunt Vreemdelingendetentie’,22
phones appear disproportionate and unnecessary.
which provides a free number which can be called
Courts in Italy and Spain have already recognised
by people in detention (‘immigration detention
16 Global Detention Project, Italy and Germany country profiles [accessed 23 October 2023] ; EMN, 2018, Ad-Hoc Query on Ad-hoc query on detention and material
detention conditions. On Italy, see CILD, 2021, Black holes.
17 For instance, in Tavros Pre-removal detention facility (PRDF) and police stations, detainees are not allowed to keep their phones. In Amigdaleza PRDF and Korinthos
PRDF detainees may keep their phones even if they have cameras. In Paranesti PRDF they are allowed to keep their phones if they don’t have a camera. In Kos,
throughout 2022, containers within the Pre-Removal Detention Centre (PRDC) section of the new EU-funded Multi-Purpose Reception and Identification Centre
(MPRIC) were used to quarantine newly arrived asylum seekers. During quarantine, individuals held in the containers could not communicate with anyone outside
of the detention area and had no access to legal aid, as their phones were arbitrarily confiscated upon arrival. Information provided by a representative of the
Greek Council for Refugees, Greece.
18 Global Detention Project, Portugal country profile [accessed 23 October 2023]; EMN, 2018, Ad-Hoc Query on Ad-hoc query on detention and material detention
conditions.
19 Jesuit Refugee Service Belgium, 2021, Centres de détention pour migrants.
20 Decision of ‘Juzgado de Control’ nº 1 y 7 de Barcelona, 15.01.2014; Civil Court of Milan, 23.2.2021 (an abstract in English is available on the website of the EU
Agency for Asylum).
21 Information provided by Jesuit Refugee Service Belgium and Move Coalition Belgium.
22 Meldpunt Vreemdelingendetentie is part of an organisation called Stichting Los, a network committed to the (collective) interests of undocumented migrants in
the country.
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