Amnesty International (AI) has presented a report criticising the detention of asylum seekers and irregular migrants in the Netherlands. Amnesty argues that effective migration and returns policy can be carried out without the use of detention as a first resort. Furthermore, about half of those detained in the Netherlands are not returned to their country of origin.
A proper assessment of the risks in each individual case prior to the decision to detain is vital if unnecessary and disproportionate detention is to be avoided. Regarding measures aimed at avoiding detention, Amnesty suggest that the Netherlands could take Sweden as an example. The detention capacity in Sweden is 245 places whereas it is 2282 in the Netherlands, whose number of asylum seekers is approximately half of those in Sweden.
Detention is a major cause of illness and deterioration of existing health issues. A thorough risk assessment would avoid the detention of vulnerable individuals. When looking for alternatives to detention, lighter measures should be tried or at least considered first, following a a risk assessment or a vulnerability check.
The report is an update of an earlier report published in 2008. The researchers have not found significant improvements in this period.
On the 16 November, UNHCR Regional Representation for Western Europe will be holding a conference examining legal standards and emerging practice around alternatives to detention in the asylum context. The conference also aims to identify areas for cooperation and the establishment of specialized partnerships. The event will bring together representatives from States, international organizations, national and international non-governmental organizations. The event will be held in English and French. Please, register by Friday 11 November.