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Date: November 25, 2024 Mon
Time: 8:02 pm
Time: 8:02 pm
Results for arbitrary detention
2 results foundAuthor: European Network of Statelessness Title: Protecting Stateless Persons from Arbitrary Detention: Agenda for Change Summary: The increasing use of immigration detention and the growing criminalisation of irregular migration are concerning global and European trends, which result in more people being detained for reasons that are unlawful or arbitrary. These trends are particularly concerning for stateless people or those who may be at risk of statelessness, as they are often trapped in systems that criminalise their irregular migration status and subject them to ongoing detention without offering them any real prospects for adjusting their status or availing themselves of a nationality. While immigration detention is a significant area of general concern to stateless people, the unique barriers to removal faced by stateless people and those at risk of statelessness, put them at particular risk of unlawful or arbitrary detention in the context of removal procedures. As the European Court of Human Rights (ECtHR) held in Kim v Russia, a stateless person is highly vulnerable to being "simply left to languish for months and years...without any authority taking an active interest in [their] fate and well-being". Although there are other important circumstances in which stateless persons may be detained, which merit further attention (for example under criminal law, national security, or in asylum procedures), the research findings emerging from this project shone a light on the specific vulnerabilities faced by stateless people in removal procedures. This is therefore the focus of this agenda for change. It is hoped that reform in this area can act as a catalyst for change more widely, leading to effective mechanisms for the prevention of arbitrary immigration detention and contributing to a shift towards alternatives to detention across the region. Stateless people will only be protected from arbitrary detention if authorities recognise and act upon the specific rights of the stateless in international law on the one hand, and the fundamental right to liberty and security of the person, on the other. The research found that states are largely failing to acknowledge the vulnerabilities associated with statelessness, to put in place effective procedures to identify statelessness and to protect stateless people, leading to a failure to prevent their arbitrary detention. Recognising these rights and vulnerabilities, and taking steps to identify statelessness, will help to guard against arbitrary deprivation of liberty. Europe urgently needs to foster change on the issue of immigration detention. Regional advocacy is shifting towards recognising the harm inflicted by immigration detention and a consensus is emerging among civil society actors as well as UNHCR, the Council of Europe, and national governments, that there is a need to expand and improve alternatives to detention. The output from this project serves as a further indictment of the failings of Europe's detention regimes. Drawing on evidence from two years of research into statelessness and immigration detention in the region, and the law, policy, and practice in six diverse countries (Bulgaria, Malta, the Netherlands, Poland, the UK and Ukraine), this report now presents an agenda for change at national and regional levels. Promoting both the protection of individuals' human rights and the development of fairer and more efficient systems, this report is intended as a tool for civil society to advocate for change and for policy makers to effect sustainable reform. Part I reflects on the current reality in Europe, highlighting the most fundamental challenges that emerged from the research and which need to be addressed. Part II looks ahead and further explores the change that needs to happen in key areas to achieve the goal of ending the arbitrary detention of stateless persons or those at risk of statelessness in Europe. Part III summarises the key recommendations and sets out an advocacy agenda. At the end of the report there is a short glossary of key terms and a list of key resources including links to each of the country reports and the Regional Toolkit for Practitioners, where more detailed analysis of the relevant legal and policy frameworks can be found, as well as other useful external resources on detention and statelessness. If achieved, the reforms set out here will not only bring law, policy, and practice in Europe more in line with international human rights standards, but it will also bring the wider benefits of fairer and more efficient systems to governments and communities across the region. Details: London: European Network on Statelessness, 2017. 24p. Source: Internet Resource: Accessed June 15, 2017 at: http://www.statelessness.eu/sites/www.statelessness.eu/files/attachments/resources/ENS_LockeInLimbo_Detention_Agenda_online.pdf Year: 2017 Country: Europe URL: http://www.statelessness.eu/sites/www.statelessness.eu/files/attachments/resources/ENS_LockeInLimbo_Detention_Agenda_online.pdf Shelf Number: 146184 Keywords: Arbitrary DetentionAsylum SeekersIllegal ImmigrantsImmigrant DetentionImmigrants |
Author: Human Rights Watch Title: Crackdown on Dissent: Brutality, Torture, and Political Persecution in Venezuela Summary: In April 2017, tens of thousands of people took to the streets in Venezuela in response to the government-controlled Supreme Court's attempt to usurp the powers of the country's legislative branch. The protests quickly spread throughout the country and continued for months, fueled by widespread discontent with the government's authoritarian practices and the humanitarian crisis that has devastated the country under President Nicolas Maduro's watch. The government responded with widespread and systematic violence against anti-government protesters and detainees, as well as systematic denial of detainees' due process rights. While it was not the first crackdown on dissent under Maduro, the scope and severity of the repression in 2017 reached levels unseen in Venezuela in recent memory. Crackdown on Dissent documents 88 cases of abuse involving at least 314 victims committed by different security forces in multiple locations, including in closed environments like military installations, between April and September 2017. The cases include instances of excessive force on the streets; arbitrary detention, including of individuals pulled from their homes or arrested in incidents unrelated to the demonstrations; and physical abuse of detainees ranging from severe beatings to torture involving electric shocks, asphyxiation, and other techniques. There is no indication that Venezuelan high-level officials-including those who knew or should have known about the abuses- have taken any steps to prevent and punish violations. Governments around the world have spoken out about the crackdown on peaceful expression and protest in Venezuela. It is urgent that they redouble multilateral pressure on the Venezuelan government to release people arbitrarily detained, drop politicallymotivated prosecutions, and hold accountable those responsible for abuses. Details: New York; HRW, 2017. 91p. Source: Internet Resource: Accessed February 13, 2018 at: https://www.hrw.org/sites/default/files/report_pdf/venezuela1117web_0.pdf Year: 2017 Country: Venezuela URL: https://www.hrw.org/sites/default/files/report_pdf/venezuela1117web_0.pdf Shelf Number: 149117 Keywords: Arbitrary DetentionDemonstrationsHuman Rights AbusesPersecutionProtest MovementsTorture |