Doc. 8260
3 November 1998

Rendering more humane the procedures for expelling immigrants and asylum-seekers whose papers are not in order

Motion for a resolution

presented by MM. Clerfayt, Beaufays and others

This motion has not been discussed in the Assembly and commits only

the members who have signed it

1.        Many countries are having to cope with an increasing number of asylum-seekers. These persons sometimes invoke grave political reasons, but it is clear that many refugees are impelled to seek a country of asylum for what often are vital economic reasons: in such cases, they are clandestine immigrants.

2.        Countries which are destined to take in refugees and asylum-seekers have drawn up legislation and regulations to reconcile respect for the fundamental rights and humanitarian principles that are the basis of the Council of Europe's action in the area with the control of immigration flows.

3.        When a country's legislation requires it to expel an asylum-seeker, it is important to respect that person's physical integrity and human dignity.

4.        In Belgium, there was the tragic case of Sémira Adamu, who died as a result of the methods employed during the enforcement of the expulsion order issued against her.

5.        With a view to enabling each country that faces difficulties in enforcing such expulsion measures as it must sometimes take to make those measures as humane as possible and respectful of the dignity of every human being, we believe that the Council of Europe should prepare an inventory of practices used in the member States and draw up a kind of code of good conduct in this regard.

6.        The Assembly accordingly decides:

—       to study the procedures and practical measures which the various countries employ to give effect to expulsions which have been decided;

—       to draw up a code of good conduct which guarantees respect for human dignity.

Signed : 1

Clerfayt, Belgium, LDR

Beaufays, Belgium, EPP/CD

Brasseur, Luxembourg, LDR

Bušić, Croatia, EPP/CD

Díaz de Mera, Spain, EPP/CD

Fehr, Switzerland, LDR

Guirado, Spain, SOC

Iwiński, Poland, SOC

Judd, United Kingdom, SOC

Jurgens, Netherlands, SOC

Ruffy, Switzerland, SOC

Staciokas, Lithuania, EDG

1        SOC: Socialist Group

      EPP/CD: Group of the European People’s Party

      EDG: European Democratic Group

      LDR : Liberal, Democratic and Reformers’ Group

      UEL: Group of the Unified European Left

      NR: not registered in a group