In addition to these three basic safeguards, international law recognises the right of a
detained irregular migrant to ask for consular assistance. However, as not all irregular
migrants may wish to contact their national authorities, the exercise of this right must be
left to the person concerned.13
Detained irregular migrants should be expressly informed, without delay and in a language
they understand, of their rights and the procedure applicable to them. To this end, all
immigration detainees should be systematically provided with a document setting out this
information; the document should be available in the languages most commonly spoken by
those concerned and, if necessary, the services of an interpreter should be made available.
The persons concerned should confirm in writing that they have been informed of their
rights, in a language they can understand.14
Foreign nationals should receive, when necessary, the assistance of qualified interpreters.
The use of fellow detainees as interpreters should, in principle, be avoided.15
Detained irregular migrants should have every opportunity to remain in meaningful
contact with the outside world, and should have regular access to a telephone or to their
mobile phones.16
Arrangements should be made to enable detained irregular migrants to consult a lawyer or
a doctor on an ongoing basis, to receive visits from NGO representatives, family members
or other persons of their choice, and to have telephone contact with them.17
It is in the interests of both immigration detainees and staff that there be clear house rules
for all detention facilities, and copies of the rules should be made available in a suitable
range of languages.18
Detained irregular migrants should benefit from an effective legal remedy enabling them
to have the lawfulness of their deprivation of liberty decided speedily by a judicial body.
This judicial review should entail an oral hearing with legal assistance, provided free of
charge for persons without sufficient means, and interpretation (if required). Moreover,
detained irregular migrants should be expressly informed of this legal remedy. The need
for continued detention should be reviewed periodically by an independent authority.19
3. Suitable premises
A prison is by definition not a suitable place in which to detain someone who is neither
suspected nor convicted of a criminal offence.20
Immigration detainees are frequently initially held at “point of entry holding facilities”,
airport transit zones and police stations. Clearly, these places are often inadequate places
in which to accommodate persons, in particular for extended stays. Consequently, the
period of time spent by immigration detainees in such establishments should be kept to
the absolute minimum21 (i.e. less than 24 hours).
19th General Report on the CPT’s activities, paragraph 83.
Netherlands (Antilles): 2007 visit, paragraph 36; Romania: 2006 visit, paragraph 61.
15 Bulgaria: 2010 visit, paragraph 53.
16 Hungary: 2015 visit, paragraph 70; 19th General Report on the CPT’s activities, paragraph 79; Serbia and
Montenegro: 2004 visit, paragraph 78.
17 19th General Report on the CPT’s activities, paragraph 87.
18 19th General Report on the CPT’s activities, paragraph 88.
19 19th General Report on the CPT’s activities, paragraph 86.
20 Ireland: 2014 visit, paragraph 19.
21 7th General Report on the CPT’s activities, paragraph 27.
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