For external links to the full text of relevant instruments or guidelines, click on the abbreviated title provided. To continue your search, scroll up to the search box above.
Instrument
Provision
Text
II.60
To ensure the accuracy and completeness of registers and adequate case management, and to ensure that State authorities know at all times who is held in their custody or detention facilities, including prisons and any other place of deprivation of liberty:
(a) All records must contain the following minimum information, disaggregated by sex and age of the detainee:
(i) The identity of the person;
(ii) The date, time and place where the person was deprived of liberty, and the identity of the authority that deprived the person of liberty;
(iii) The authority that ordered the deprivation of liberty and the grounds for it;
(iv) The authority responsible for supervising the deprivation of liberty;
(v) The place of deprivation of liberty, the date and time of admission to the place of deprivation of liberty, and the authority responsible for the place of deprivation of liberty;
(vi) Relevant information on the detainee’s state of health;
(vii) In the event of death of the detainee during the deprivation of liberty, the circumstances and cause of death and the destination of the remains;
(viii) The date and time of release or transfer to another place of detention, the destination and the authority responsible for the transfer;
(b) Known procedures must be in place to safeguard against unauthorized access or modification of any information contained in the register and/or records of persons deprived of liberty;
(c) The registers and/or records of persons deprived of liberty shall be made promptly available, upon request, to any judicial or other competent authority or institution authorized for that purpose by the law;
(d) Known procedures must be in place to release immediately a detainee upon discovery that he or she is continuing to be detained despite having completed serving a sentence or detention order;
(e) In the event of non compliance with such requirements, sanctions against the State authorities responsible are necessary.
(a) All records must contain the following minimum information, disaggregated by sex and age of the detainee:
(i) The identity of the person;
(ii) The date, time and place where the person was deprived of liberty, and the identity of the authority that deprived the person of liberty;
(iii) The authority that ordered the deprivation of liberty and the grounds for it;
(iv) The authority responsible for supervising the deprivation of liberty;
(v) The place of deprivation of liberty, the date and time of admission to the place of deprivation of liberty, and the authority responsible for the place of deprivation of liberty;
(vi) Relevant information on the detainee’s state of health;
(vii) In the event of death of the detainee during the deprivation of liberty, the circumstances and cause of death and the destination of the remains;
(viii) The date and time of release or transfer to another place of detention, the destination and the authority responsible for the transfer;
(b) Known procedures must be in place to safeguard against unauthorized access or modification of any information contained in the register and/or records of persons deprived of liberty;
(c) The registers and/or records of persons deprived of liberty shall be made promptly available, upon request, to any judicial or other competent authority or institution authorized for that purpose by the law;
(d) Known procedures must be in place to release immediately a detainee upon discovery that he or she is continuing to be detained despite having completed serving a sentence or detention order;
(e) In the event of non compliance with such requirements, sanctions against the State authorities responsible are necessary.
O13.29(g)
We commit to ensure that any detention in the context of international migration follows due process, is non-arbitrary, based on law, necessity, proportionality, and individual assessments, is carried out by authorized officials, and for the shortest possible period of time, irrespective of whether detention occurs at the moment of entry, in transit, or proceedings of return, and regardless of the type of place where the detention occurs. We further commit to prioritize non-custodial alternatives to detention that are in line with international law, and to take a human rights-based approach to any detention of migrants, using detention as a measure of last resort only.
To realize this commitment, we will draw from the following actions:
(g) Ensure that all governmental authorities and private actors duly charged with administering immigration detention do so in a way consistent with human rights and are trained on non-discrimination and the prevention of arbitrary arrest and detention in the context of international migration, and are held accountable for violations or abuses of human rights.
To realize this commitment, we will draw from the following actions:
(g) Ensure that all governmental authorities and private actors duly charged with administering immigration detention do so in a way consistent with human rights and are trained on non-discrimination and the prevention of arbitrary arrest and detention in the context of international migration, and are held accountable for violations or abuses of human rights.