Immigration detention: the assessment of non-European human rights control bodies

Migrants are particularly exposed to the risk of being deprived of their personal liberty, and not only when national laws punish irregular migration by imprisonment. In fact, a great number of countries resort to administrative detention as an intermediate step before adopting other permanent measures, such as deportation or expulsion. However, this practice has always been strongly criticized not only because it is proven that strict immigration detention policies do not necessarily deter irregular migration, but also and especially due to its side-effects. Whatever its purpose, as well as being in some cases an excessive and unjustified restriction of the right of personal liberty, it is often accompanied by a series of unacceptable abuses and violations against detainees. Hence, States are exposed to the risk of incurring in international responsibility either directly, for the lack of compliance of the detention measure with international human rights law standard, or indirectly, for the detrimental behaviors carried out against migrants. This paper is therefore aimed at focusing on the immigration detention practice, in order to verify whether this measure, not illegal ex se, complies with the international human rights law. In particular, the analysis is conducted vis-à-vis the principle of the prohibition of arbitrary detention in the light of universal and non-European human rights control bodies assessment.