الات متدا
L
(3)
Version Issued
3-10-1986
DETENTION OF REFUGEES AND ASYLUM-SEEKERS
The Executive Committee,
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Sest HAND. Arceptable (just) сельсо PA Ex Com (JL)
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(a) Noted with concern that large numbers of refugees and asylum-seekers in different areas in the world are currently the subject of detention or similar measures;
(b) Expressed the opinion that in view of the hardship which measures of detention necessarily involve, such measures should normally be avoided and should only be resorted to on grounds prescribed by law and when a genuine necessity exists; and, if taken, should not be unduly prolonged;
(c)
Recognized that asylum-seekers arriving directly from a country where they may be exposed to persecution should not
not be subjected to measures restricting their freedom of movement including detention, based on their illegal entry or presence; such measures may, however, be justified by the need to verify identity or to establish the basis of the refugee/asylum claim and thereafter by considerations of national security or public order;
(d) Stressed the importance in the context of detention for national legislation and/or administrative practice to make the necessary distinction
protection from refoulement between the situation of refugees and that of ordinary aliens, and noted, in this context, the relevance of Article 31 of the 1951 Convention;
(e) Noted the recent phenomenon of some asylum-seekers of destroying their travel and/or identity documents or of using fraudulent documents in order to mislead the authorities of the State in which they intend to submit their asylum requests, and recognized that such practices may justify the adoption of detention measures as indicated in paragraph (c) above;
·
(f) Noted that in view of the seriousness of measures of detention taken
in respect of refugees it is desirable that such measures should be the subject of judicial or administrative appeal in order to obtain review of the legality and the necessity of detention;
LIKU 243/12
RECEIVED IN REGISTRY
- 8 OCT 1986
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