Turin's CIE - International University College of Turin

humane with respect shown for the inherent dignity of the person” and that asylum seekers
should be able to have contact with the world outside, visitors, exercise, recreation activities,
educational opportunities, freedom to practice their religion and provision of basic day-to-day
necessities 145 . Moreover, both the UNHCR Revised Guidelines on Applicable Criteria and
Standards relating to the Detention of Asylum-Seekers and the Council of Europe’s Guidelines on
Human Rights Protection in the Context of Accelerated Asylum Procedures state that asylum
seekers must be granted the right to be informed of the reasons for their detention both de jure
and de facto and about their entitlements and remedies in a manner and language that is
comprehensible to them 146 . Furthermore, asylum seekers have the right to “contact and be
contacted by the local UNHCR Office, available national refugee bodies or other agencies and an
advocate. The right to communicate with these representatives in private, and the means to
make such contact should be made available” 147 . This right should be communicated to asylum
seekers immediately following their detention 148 .
Council of Europe
While the ECtHR has found that States have a broad discretion to detain irregular migrants, such
detention must be shown to have been justified, reasonable and in reasonable conditions 149 . It
has been equally noted that all controlling laws governing immigration detention must not
derogate from the rights granted under international law in order to ensure the procedural
guarantees which enable a person to apply for asylum 150 .
European Union Law
During the last decade the European Union has committed itself to harmonising asylum
procedures in all its Member States. EU Directive 2003/9/EC 151 , EU Directive 2004/83/EC 152
and EU Directive 2005/85/EC 153 respectively lay down: a set of minimum standards concerning
the reception of asylum seekers; the qualification and status of third country nationals or
stateless persons as refugees or as persons who otherwise need international protection and
the content of the protection granted; and the procedures for granting and withdrawing refugee
145 United Nations High Commissioner for Refugees, Revised Guidelines on Applicable Criteria and Standards
relating to the Detention of Asylum-Seekers, Guideline 9.
146 Id.; Committee of Ministers of the Council of Europe, Guidelines on human rights protection in the context of
accelerated asylum procedures, Principle XI.5. See also Committee of Ministers of the Council of Europe,
Twenty Guidelines on Forced Return, adopted by the Committee of Ministers of the Council of Europe on 4
May 2005 at the 925th meeting of the Ministers’ Deputies, Guideline 6.
147 United Nations High Commissioner for Refugees, Revised Guidelines on Applicable Criteria and Standards
relating to the Detention of Asylum-Seekers, Guideline 5(v); United Nations Working Group on Arbitrary
Detention, Annual Report 1998, UN Doc. E/CN.4/1999/63, 18 December 1998, para. 69, Guarantee 14; United
Nations Working Group on Arbitrary Detention, Annual Report 1999, UN Doc. E/CN.4/2000/4, 28 December
1999, Annex II, Deliberation No. 5 “Situations regarding immigrants and asylum-seekers”, Principle 10.
148 United Nations General Assembly, Body of Principles for the Protection of All Persons under Any Form of
Detention or Imprisonment, A/RES/43/173, adopted 9 December 1988, Principle 16.2; Committee of Ministers
of the Council of Europe, Guidelines on human rights protection in the context of accelerated asylum
procedures, Principle XIV.
149 Saadi v. United Kingdom, para. 74.
150 Amuur v. France, 17/1995/523/609, Council of Europe: European Court of Human Rights, 25 June 1996,
para. 43.
151 Council Directive 2003/9/EC of 27 January 2003 laying down minimum standards for the reception of
asylum seekers, L 31/18 Official Journal of the European Union, 6.2.2003.
152 Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of
third country nationals or stateless persons as refugees or as persons who otherwise need international protection
and the content of the protection granted, L 304/12 Official Journal of the European Union, 30.9.2004.
153 Council Directive 2005/85/EC of 1 December 2005 on minimum standards on procedures in Member States
for granting and withdrawing refugee status, L 326/13 Official Journal of the European Union, 13.12.2005.
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