Detention of Asylum Seekers in Europe: Analysis and Perspectives

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Jane Hughes, Fabrice Liebaut
Martinus Nijhoff Publishers, 17 feb. 1998 - 332 pagini
This volume presents a compilation of cross-disciplinary essays written by representatives of non-governmental and inter-governmental organisations, practising lawyers, academics, researchers and a psychiatrist, which reflect the heightened concern among European refugee and human rights organisations about the increasing practice of detaining asylum seekers. Topics explored include recent trends in western, central and eastern Europe; detention practice in the US, Canada and Australia; UNHCR's approach to detention of refugees and asylum seekers; and the mental health implications of detention from a psycho-medical viewpoint. In addition, the relevant European and UN legal instruments are analysed, and examples are given from the case law. The book is supplemented by detailed appendices setting out the texts of relevant international legal provisions, together with a number of other reference documents, including UNHCR's 1995 Guidelines on Detention and ECRE's 1996 and 1997 papers on detention and alternatives to detention. In addition to providing both a description of current practice and a theoretical, legal analysis of this type of administrative detention, this volume is intended to serve as a practical tool and source of reference for individuals and organisations engaged in defending the rights of asylum seekers today.

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Recent Trends in the Detention of Asylum Seekers
5
The grounds for detention
17
Rights in detention
26
Conditions of detention
33
Final comments
45
Detention of Asylum Seekers in Central and Eastern
49
Eastern Europe Russia and the Commonwealth of Independent
67
The Baltic States
74
Detention and international solidarity
158
Rights guaranteed to detained asylum seekers under the European
173
A statement from the Amuur judgment
181
Procedural aspects
191
The Mental Health Implications of the Detention
199
The 199596 research project on the mental health of detained
205
Concluding comments
208
Universal Instruments
215

V
82
Conditions of detention
85
Canadian
113
IV
132
Conclusion Table
139
Comments on the UNHCR Position on Detention
141
The scope of protection
149
Universal Standards
225
Regional Instruments
255
General Comments by the UN Human Rights
267
UNHCR Executive Committee Conclusions
277
UNHCR Guidelines
287
NGO recommendations
297
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