The UN Human Rights Committee recalled that, in order to avoid a characterization of arbitrariness, detention should not continue beyond the period for which the State Party can provide appropriate justification.
Source: official link
Key Words Archives: Regular reporting
UN Human Rights Committee (CCPR), Baban v. Australia, Communication 1014/2001, Views of 18 September 2003
On 05/09/2022 in
The UN Human Rights Committee recalled that, in order to avoid a characterization of arbitrariness, detention should not continue beyond the period for which the State Party can provide appropriate justification. Furthermore, judicial review of the lawfulness of detention under article 9, paragraph 4, of the International Covenant on Civil and Political Rights (ICCPR) is not limited to mere compliance of the detention with domestic law but must include the possibility to order release if the detention is incompatible with the requirements of the Covenant, in particular those of article 9, paragraph 1.
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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
On 05/09/2022 in
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 it extends in time.
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CJEU, Hassen El Dridi case, Case no. C-61/11 PPU, 28 April 2011
On 05/09/2022 in
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 State’s legislation which provides for a sentence of imprisonment to be imposed on an illegally staying third-country national on the sole ground that they remain, without valid grounds, on the territory of that State, contrary to an order to leave that territory within a given period.
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Steering Committee for Human Rights (CDDH), Practical Guidance on Alternatives to Immigration Detention: Fostering Effective Results
On 05/09/2022 in
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 field a ‘one size fits all’ approach is not possible. The Guidance covers the legal framework of the alternatives to detention system, the types of alternatives and the ways to make them effective.
Source: official link
Steering Committee for Human Rights (CDDH), Practical Guidance on Alternatives to Immigration Detention: Fostering Effective Results
On 26/01/2022 in
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 field a ‘one size fits all’ approach is not possible. The Guidance covers the legal framework of the alternatives to detention system, the types of alternatives and the ways to make them effective.