END DETENTION ON THE GROUNDS OF PUBLIC
ORDER AND NATIONAL SECURITY
‘Public order’ and ‘national security’ are vague legal terms. Decisions of detention
issued on these grounds often just repeat the wording of the law and do not justify
detention after a specific assessment of an individual applicant’s case. Any threat to
public order should be based on a specific accusation addressed to the applicant by the
competent judicial authorities.
END DETENTION OF CHILDREN
Administrative detention for children is unacceptable. It is not in the best interests of
the child and is thus always a disproportionate measure. The legislative abolition of
protective custody is to be welcomed, but its full implementation is still pending. Police
stations, Pre-Removal Centres and other places of detention should be explicitly
defined as unacceptable in which to detain children. Ending the detention of children
also means that their parents (where they have custody) are not detained.
END DETENTION IN POLICE STATIONS
There should be no administrative detention in police stations for migrants. Police
stations are places for individuals suspected of committing a crime. Police cells are
designed for holding people for very short periods of time, and do not provide conditions
that respect human dignity.
END DETENTION IN CASES WHERE THERE IS
NO REAL AND IMMEDIATE POSSIBILITY OF
REMOVAL
Given the COVID-19-related restrictions on returns by Turkey (and possibly other
countries), which show no signs of being lifted, thousands of asylum seekers will be
unable to be returned any time soon. In this context, it is unreasonable to insist on
generalized detention, as its purpose – to ensure that the return or deportation goes
ahead – cannot be fulfilled. It is not only inhumane, but also contravenes national and
EU legislation to impose a measure of deprivation of personal liberty for a considerable
duration with no prospect of removal (return or deportation). Detention – even when
imposed as a last resort – should serve a stated goal. When this is not the case, it lacks
any legitimacy.
25
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