ICCPR concluding observations 2015, paragraph 21

UN recommendation

Plain English recommendation

Government should:

(a) Introduce legal time limits on immigration detention. Ensure detention is used as a last resort and is reasonable, necessary and proportionate.

(b) Ensure any changes to the detention fast track system are in line with the ICCPR, and that the system protects vulnerable people and guarantees access to justice and legal aid.


Original UN recommendation

The State party should:

(a) Establish a statutory time limit on the duration of immigration detention and ensure that detention is a measure of last resort and is justified as reasonable, necessary and proportionate in the light of the relevant circumstances.

(b) Ensure that reforms to the detained fast track system are fully compliant with the State party’s obligations under the Covenant. It should also ensure that the system protects vulnerable persons, and provides for effective safeguards against arbitrariness and for effective access to justice, including to legal aid.

Date of UN examination

16/08/2015

UN article number

7 (freedom from torture and cruel, inhuman or degrading treatment or punishment), 9 (liberty and security), 10 (treatment of people deprived of liberty), 13 (expulsion of non-nationals)

Last updated on 08/10/2019