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General comment No. 35 (2014) of the UN Human Rights Committee (CCPR) on Article 9: Liberty and Security of a person

Sep 5, 2022

The UN Human Rights Committee stated that detention in the course of proceedings for the control of immigration is not per se arbitrary, but the detention must be justified as reasonable, necessary and proportionate in the light of the circumstances and reassessed as...

Bashir Mohamed Ali Mahdi, CJEU, Case No. C-146/14 PPU, 5 June 2014

Sep 5, 2022

The CJEU said that immigration related detention is justified only in order to prepare the return or carry out the removal process and if the application of less coercive measures would not be sufficient. Only the judicial authority should deal with the decisions...

Hassen El Dridi, CJEU, Case no. C-61/11 PPU, 28 April 2011

Sep 5, 2022

The CJEU found that the Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Members States for returning illegally staying third-country nationals must be interpreted as precluding a Member...

General comment No. 5 (2021) of the UN Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families (CMW) on migrants’ rights to liberty, freedom from arbitrary detention and their connection with other human rights (advanced unedited version)

Sep 5, 2022

The UN Committee in its General Comment understands as ‘alternatives to detention’ all community-based care measures or non-custodial accommodation solutions – in law, policy or practice – that are less restrictive than detention and which must be considered in the...

Steering Committee for Human Rights (CDDH), Practical Guidance on Alternatives to Immigration Detention: Fostering Effective Results

Sep 5, 2022

This Practical Guidance was adopted by the Steering Committee for Human Rights of the Council of Europe at its 91st meeting (18-21 June 2019). Its main focus is on the practical aspects of applying alternatives to detention, considering also the fact that in this...