Print
See related documents
Recommendation 1850 (2008)
Europe’s boat people: mixed migration flows by sea into southern Europe
1. The Parliamentary
Assembly refers to its Resolution
1637 (2008) on Europe’s boat people: mixed migration flows by sea
into southern Europe.
2. The Council of Europe has an important role to play in ensuring
that the rights of irregular migrants, refugees and asylum seekers
arriving on Europe’s southern shores are guaranteed and that their
humanitarian needs are met.
3. Important work is already carried out in this respect by the
European Committee for the Prevention of Torture and Inhuman or
Degrading Treatment or Punishment (CPT) in the course of its visits
to member states. The Council of Europe Commissioner for Human Rights
has also put the issue of rights of irregular migrants and states’
special responsibilities towards refugees and asylum seekers under
international law on his list of priorities and has made a number
of visits to reception and detention centres.
4. Furthermore, the body of case law of the European Court of
Human Rights which has particular relevance for irregular migrants,
refugees and asylum seekers is growing.
5. Therefore, the Assembly recommends that the Committee of Ministers:
5.1. prepare, with the assistance
of the CPT, guidelines for minimum standards to be applied to the detention
of irregular migrants and asylum seekers. The European Prison Rules
exist, but they do not apply to the detention of irregular migrants
and asylum seekers, and they are based on carceral rather than non-carceral
detention;
5.2. instruct the European Committee on Migration (CDMG) and
the Steering Committee for Human Rights (CDDH) to hold a round table
exchange of views with directors and high-ranking officials of reception
and detention centres receiving irregular migrants, refugees and
asylum seekers in southern Europe. Priority should be given to exchanging
experiences on reception conditions and access to legal rights and
to drawing on the expertise and findings of the CPT and the Council
of Europe Commissioner for Human Rights;
5.3. prepare a co-operation programme and an assistance programme
for directors of reception and detention centres to give them the
opportunity to visit other such facilities and learn from the experience of
their counterparts in other member states of the Council of Europe;
5.4. develop further the systematic training of competent state
organs, especially in border areas, as well as of lawyers involved
in asylum claims in view of the poor quality of advice and assistance
in many member states. This training should cover, inter alia, the European Convention
on Human Rights (ETS No. 5) and its relevance to asylum claims,
as well as international refugee law;
5.5. invite the CPT to continue to give priority to its visits
to reception and detention facilities for irregular migrants, refugees
and asylum seekers. The CPT should pay particular attention to these centres
during large-scale arrivals and cover centres which have not been
visited in the past, such as in Turkey;
5.6. consider the steps to be taken by the Council of Europe
to tackle illegal criminal networks responsible for the trafficking
and smuggling of irregular migrants, refugees and asylum seekers, including
steps to protect victims of trafficking, informers, etc.