Detention

Governments throughout Europe have been keen to show that their policies towards "illegal migrants" are tough. As a result, a growing number of refugees and asylum seekers who enter countries without valid travel documents are being detained.

There has been a significant increase in the use of detention at every stage of the asylum process. Some Member States automatically detain all asylum seekers, while often failing to grant the right to a dignified standard of living during the reception phase to people in detention. De facto detention is particularly common in countries with inadequate reception facilities.

Detention is too frequently used in attempts to enforce returns or transfers. The maximum period for which people can be detained prior to removal has now been set to 18 months in the newly adopted EU Returns Directive.

The practice of detaining asylum seekers significantly impedes their access to the full range of rights during the asylum procedure. ECRE promotes the use of alternative non-custodial measures such as supervision systems, reporting arrangements, bail or guarantee systems, and the promotion of voluntary return through intensive and personalised counseling work prior to and during detention for all rejected asylum seekers.

On 18 June 2008, the European Parliament endorsed new EU-wide rules on returning irregular migrants back to where they came from. ECRE particularly regrets the fact that the agreement allows an excessive period of detention of up to 18 months as well as an EU-wide re-entry ban of 5 years for those forcibly returned.