Violation Reporting and Monitoring
Fundamental rights of persons in detention are more difficult to protect than if an
individual is placed in alternatives to detention. The lack of access to individuals to assess the
detention, coupled with a lack of a streamlined system for reporting violations, is problematic.
There have been few recorded complaints to date. However, given the rise in the number of
migrants and asylum seekers, this number may also rise. The EU must investigate these
complaints, ensure that they are properly considered by the State, and that there is a satisfactory
resolution to the situation. The EU should create a simple reporting process that would allow
individuals in detention to lodge a complaint, with the option to file a complaint anonymously.
With the creation of this system, there would need to be a group of independent experts who
could research the veracity of the claims, work with the State in question to ameliorate the
situation, and allow for follow up by the individual who made the complaint. .
The EU may want to consider regulating detention facilities throughout the Union by
independently managing facilities with the consent of a host-State. The staff would be a mixture
of employees directly employed by the EU, employees from the host-State, and employees from
any other State in the EU. This innovative approach would relieve States of many of the
administrative and financial burdens of running detention facilities
Cooperation Between European Union and Council of Europe Systems
The EU must work in cooperation with the CoE. The Council has passed a resolution
recommending a new detention system and a consultation body responsible for examining that
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