ALTERNATIVES TO DETENTION Examples of Good Practices Samarie Wijekoon Löfvendahl Associate Legal Officer UNHCR Regional Office for the Baltic and Nordic Countries

Outline of todays presentation Global debate on alternatives to detention.Global debate on alternatives to detention. Examples of good practices.Examples of good practices. –What do we mean by alternatives to detention? –Are alternatives effective? Way forward.Way forward.

Global debate on detention UN Working Group on Arbitrary DetentionUN Working Group on Arbitrary Detention UN Speacial Rapporteur on the Human Rights of MigrantsUN Speacial Rapporteur on the Human Rights of Migrants UN High Comissioner for Human RightsUN High Comissioner for Human Rights Parlimentary Assembly of the Council of Europe & Special Rapporteur on the Detention of Asylum Seekers and Irregular Migrants in EuropeParlimentary Assembly of the Council of Europe & Special Rapporteur on the Detention of Asylum Seekers and Irregular Migrants in Europe UNHCRUNHCR

Global Roundtable on Alternatives to Detention, May 2011 (1) Summary Conclusions Seeking asylum ≠ not a criminal act  asylum seekers should not be penalized.Seeking asylum ≠ not a criminal act  asylum seekers should not be penalized. No evidence detention deters irregular migration.No evidence detention deters irregular migration. Human Rights consequences + social/economic costs  compel implementaion of alternatives.Human Rights consequences + social/economic costs  compel implementaion of alternatives. Alternatives to detention  part of assessment of nececcity and proportionality.Alternatives to detention  part of assessment of nececcity and proportionality.

Global Roundtable on Alternatives to Detention, May 2011 (2) Alternatives to detention ≠ alternative forms of detention or alternatives to release.Alternatives to detention ≠ alternative forms of detention or alternatives to release. Established by law + human rights oversightEstablished by law + human rights oversight Treatment with respect and dignity = constructive engagement in process + can lead to voluntary return.Treatment with respect and dignity = constructive engagement in process + can lead to voluntary return. > 90% compliance when released to proper alternatives.> 90% compliance when released to proper alternatives. More research needed.More research needed.

Alternatives to detention? What does it mean?What does it mean? –Not systemized –Often some sort of restriction of freedom of movement or liberty –Correspond to human rights safeguards: to be strictly regulated –Same procedural safeguard apply as to detention Principles of neccessity and proportionality!Principles of neccessity and proportionality!

Examples of Alternatives Liberty - no detentionLiberty - no detention Release on conditionRelease on condition –after application of asylum; if no prevailing concerns –reporting or registration (most EU countries) –live at a designated address or district Can not be used in too onerous wayCan not be used in too onerous way –not too restrictive on the freedom of movement –not requring to travel very long distancces to register Benefit for the state: m inimal costs – use systems already in place.Benefit for the state: m inimal costs – use systems already in place. Yet – under-utilised.Yet – under-utilised.

Examples of alternatives (2) Release on bail, bond, surety/guarantorRelease on bail, bond, surety/guarantor –Bail: financial deposit which is forfeit if no-show Remember a/s may not be able to pay lare sumsRemember a/s may not be able to pay lare sums –Bond: legal agreement (combined with surety) –Surety/guarantor: guarantor pays the surety if no- show –UK, Slovenia, Finland, Denmark –Low cost for state

Alternatives to detention (3) Community-based supervised releaseCommunity-based supervised release –Community organisation/NGO supervise –Government + NGO supervise –Government supervise (Scotland, Belgium) Electronic tagging or satellite trackingElectronic tagging or satellite tracking –Intrusive system –Not prevent absconding –

Alternatives to detention (4) Alternatives to detention – Effective and minimize costs for government >90% compliance rateAlternatives to detention – Effective and minimize costs for government >90% compliance rate Factors that influence if asylum seeker comply with release orders:Factors that influence if asylum seeker comply with release orders: –Provision of legal advice –Transparency and provision of comprehensible information from early stage –Holistic approach – include all legal options available to stay –Material support and accomodation throughout process –Treatment with dignity, humanity and respect throughout process

Way forward What hinders the adoption and application of alternatives to detention?What hinders the adoption and application of alternatives to detention? Is it possible to find an alternative that would be a viable option in Latvia?Is it possible to find an alternative that would be a viable option in Latvia? What could be lost and what could be won by resorting to the use of alternatives to detention?What could be lost and what could be won by resorting to the use of alternatives to detention?