Luxembourg + 1 more

Immigration Detention in Luxembourg: Systematic Deprivation of Liberty (April 2018)

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KEY CONCERNS

• Grounds for detention in immigration law appear to be formulated in a nonexhaustive way, which is inconsistent with the principle of lawfulness and the requirement of legal certainty;

• The law provides an expansive list of situations that can lead to a risk of absconding determination, including irregular entry or stay;

• The broad basis for finding a risk of absconding leads to detention being applied systematically rather exceptionally, thus “less coercive measures” are rarely used;

• Although Luxembourg has one of the shortest maximum lengths of detention in Europe, the maximum length for children and families was extended from three to seven days in 2017;

• Courts do not review detention on their own initiative, thus judicial authorities become involved only when there is an appeal against a detention decision;

• The detention centre employs private security guards, who have raised concerns in the past because of their failure to systematically undertake specialised training to work in an immigration detention environment;

• While observers have lauded the country for improving detention conditions since it opened its dedicated immigration facility in 2011, the country has also begun detaining more people since then.

Read the full report at the Global Detention Project