The Joint Committee on Human Rights calls for evidence on
the areas in which the UK’s immigration detention system fails to
comply with human rights and fails to protect against arbitrary
detention and asks whether there are effective mechanisms to
challenge immigration detention.
The Joint Committee on Human Rights is conducting a series of
inquiries into issues arising under Article 5 of the ECHR, which
provides the right to liberty and security.
Our inquiry into the detention of members of the Windrush
generation found that the treatment of these people was shocking.
In particular, basic human rights protection had been breached in
the immigration detention process. Courts have found aspects of
immigration detention to be “inhuman and degrading” more than
once.
There are also concerns about:
-
detainees’ access to legal services;
- the
effectiveness of legal mechanisms for people to challenge their
detention;
- the
screening and treatment of vulnerable individuals; and
-
conditions in detention centres.
Despite criticism from several organisations and international
bodies, including the UN and its agencies, the UK remains one of
a handful of countries without a legal time limit on immigration
detention. Stakeholders have argued that the lack of time limit
increases the risk of arbitrary detention and can have a
detrimental impact on an individual’s mental or physical health.
The Committee seeks evidence on:
-
Whether current legal and policy frameworks are sufficient in
preventing people being detained wrongfully and whether current
practices in the detention system protect human rights;
-
Whether the initial decision to detain an individual should be
made independently such as through prior judicial approval;
-
Whether immigration detention should be time-limited;
- How
far current policies ensure that people are only deprived of
their liberty if it is necessary, rather than for administrative
convenience; and
-
Detainees’ access to legal advice and their ability to engage
with the legal processes to challenge their detention.
The Committee will also take account of the recommendations
within Stephen Shaw’s follow-up review into the welfare of
vulnerable people in detention, once this is published.
Get involved
The Joint Committee on Human Rights invites submissions
of no more than 1,500 words from
interested groups and individuals. The deadline for
submissions is 7 September 2018.
Note
As part of a scheme to encourage paperless working and maximise
efficiency there is a web portal for online submissions of
written evidence. Written submissions for this inquiry should
therefore be sent via:
Submit written evidence [link]
The personal information you supply will be processed in
accordance with the provisions of the Data Protection Act 1998
for the purposes of attributing the evidence you submit and
contacting you as necessary in connection with its processing.
The Clerk of the House of Commons is the data controller for the
purposes of the Act. We may also ask you to comment on the
process of submitting evidence via the web portal so that we can
look to make improvements.
More information on submitting evidence to Select Committees may
be found on the parliamentary website at:http://www.parliament.uk/get-involved/have-your-say/take-part-in-committee-inquiries/witness/
