Directorate-General Internal Policies Policy Department C Citizens Rigbts and Constitutional Affairs REF: IP/C/LIBE/IC/

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1 PARLAMENTO EUROPEO EVROPSK\' PARLAMENT EUROPA-PARLAMENTET EUROPAISCHES PARLAMENT EUROOPA PARLAMENT.EYPOnAYKO KOINOBOYAIO EUROPEAN PARlIAMENT PARLEMENT EUROP~EN PARLAMENTO EUROPEO El ROPAS PARLAMENTS EUROPOS PARLAMENTAS EURÓPArPARLAMENT IL-PARLAMENT EWROPEW EUROPEES PARLEMENT PARLAMENT EUROPEJSKI PARLAMENTO EUROPEU EURÓPSKY PARLAMENT EVROPSKI PARLAMENT EUROOPAN PARLAMENTTI EUROPAPARLAMENTET Directorate-General Internal Policies Policy Department C Citizens Rigbts and Constitutional Affairs ~ The conditions in centres for third country national (detention camps, open centres as well as transit centres and transit zones) with a particular focus on provisions and facilities for persons with special needs in the 25 EU member states " REF: IP/C/LIBE/IC/

2 STEPS Consulting Socia! study for European Parliarnent 2.24 SP AIN Field study surnrnary 1 -Brief description of how the study was carried out: OuT local partner, CEAR, is a non-governnlental organisation which provides legal and social support for asylum seekers and other migrants. They were responsible for documentary research and the practical organisation of field visits. Difficulties in obtaining access to detention centres were met (due to the Spanish authorities' reservations conceming the study), which meant we were uncertain as to the authorised visiting dates which were given to us at the last minute. We were therefore unable to schedule visits to open centres (for asylum seekers and unaccompanied minors), flor meetings with other stakeholders (NGOs, I Contract: REF IP/C/LIBE/IC/ December

3 intemational institutions). Finally, we were only able to visit the five selected detention centres (Fuertaventura, Madrid, Barcelona, Malaga and Algerisas). The administrative personnel in these centres participated entirely satisfactorily in the study. 2 -Background Spain's unique geographical position as the Southern door to the European Union with enclaves in Ceuta and Melilla. and islands close 10 the African continent, along with its historical and cultural links with certain countries (particularly in Latin America), mean that the issues surrounding immigration policy are particularly important in Spain. The reinforcement of border control s and the implementation of a restrictive entry policy have had dramatic consequences: the arbitrary removal of Latin American nationals arriving by plane, and an increased number of shipwrecks and deaths of migi1ants arriving from North and Sub-Saharan Africa by sea. The tragic events in October 2005 in Ceuta and Melilla led the Spanish and Moroccan governments to reinforce border controls in the Spanish enclaves. This has made is extremely difficult to pass through and has effectively pushed the European border further South. The reinforcement of controls along the African coast has pushed back the departure points for migrants arriving by sea: instead of leaving from Mauritania. ships transporting migrants now leave from Senegal, Gambia. Casamance and even as far as off as Guinea. This phenomemon has had tragic consequences with an increase in the number of deaths (up to 6000 in 2006 according to certain estimates). The 1st JuIy 1985 Iaw on rights and freedoms for foreign nationals in Spain, modified in 2000 and 2003, and the accompanying impiementation reguiation, determine the general principies of entry and residence for foreign natiunais. Tht: rigllt to asyluln is govemed by thc Iaw dnted 26th March 1984, modified in May 1994 and compieted by the royai decree of 10th February Description of detention and reception systems: 3-1 -Closed detention centres: Tbe cm (Centro internamiento extranjeros) are intended to hold foreign nationals without the correct papers, awaiting a deportation order. These centres come under the authority of the "Commisaria General de Extranjeria y Documentacion", and are ron by the Spanish police force. The maximum duration of detention is limited to 40 days, but in practice, foreign nationals can be arrested on leaving the centre and therefore accumulate several consecutive 40 day detention periods Open centres: different types of open centres The CETI (Centro d'estancia Temporal de Inmigrantes), situated in the enclaves of Ceuta and Melilla, on the border. They take in illegal migrants and are ron by the Ministry of Social AfIairs relating to Labour. Although they are open centres, migrants cannot actualiy distance themselves from these centres. Open centres for asylum seekers, designed to receive and accommodate asylum seekers are ron by the Ministry of Social Affairs or their management is contracted out to Spanish NGOs Some centres ron by NGOs are intended to receive certain groups of vulnerable persons: pregnant women. female minors with children, asylum seekers suffering from psychological or psychiatric problems. Contract: REF IP/C/LIBF/IC/ December

4 Tbe centres for unaccompanied minors are ron by the regional administration the "Autonomous Communities" (responsible for both foreign unaccompanied minors and those from within the country) or by specialised associations. 4 -Findings/conclusions: Concerning detention centres (CIE) Unnecessarily severe detention conditions, similar to conditions in prison (almost permanent confinement to cells, limited possibilities for outdoor exercise), Deplorable hygiene and physical conditions have been observed in some centres leading to degrading conditions for detainees (AIgesiras, Fuertaventura, Malaga: damaged buildings, lack of essential items for detaineesuch as sheets, clothing, personal hygiene kits). Violent incidents perpetrated by the security personnel in some centres have been reported by detainees. Some centre persoonel have a disrespectful and contemptuous attitude towards detainees, and there is no awareness-raising concerning the particularities of the migrants' situation. The staff present is almost exclusively security personnel in charge of supervising detainees. Lack of medical services, medical personnel openly reticent about responding to the needs of detainees. Absence oí, or difficulties obtaining information concerning detainees rights, legal assistance, or translation services, centres which are closed to the outside (limited presence ofngos due to difficulties obtaining entry authorisation). Pathogenic nature of detention for already vulnerable migrants who often arrive in a poor psychological or physical state fullowing a difficult journey. Vulnerable persons There are a large number of people in the centres who have suffered from abuse during, or have been traumatised by, their journey to Europe. The measures in place to assist these people, who are often extremely vulnerable (cases of women being raped when passing through Libya have been reported by the migrants) are unsatisfactory. Only unaccompanied minors cannot be detained, those accompanied by their parents may be detained if the attomey general Tules in favour of their detention, which does happen. Unaccompanied rninors are accornmodated in special centres. The conditions in some of these centres for rninors, notably in the Canary Islands, have been severely criticised in the latest Human Rights Watch report, which denounced cases of sexual abuse and physical violence. Furtherrnore, sorne unaccornpanied minors "suspected of being adults" rnay be detained in detention centres, given the unreliability of the bode age test used by the authorities in cases where the rninor's age is in doubt. In general there is a lack of personnel capable of identifying vulnerable persons; the only staff present is security personnel: no social workers, psychologists or doctors trained in recognising vulnerability are presento Contract : REF IP/C/LIBF1IC/ \ -December

5 5 -Recommendations Relax the severe, prison-like detention conditions currently in force, which are entirely disproportionate and are not adapted to the needs of detainees held simply due to their administrative status. Set up alternatives to detention, at least for certain categories of vulnerable persons, and in particular for families with children. Improve living, physical, and hygiene conditions in the centres, at the very least renovation work should be carried out and detainees provided with essential items such as toiletries, shoes and clothing. Open centres up to the outside by allowing NGOs permanent access to regularly monitor the centres, thus ensuring migrants' rights are upheld and abuses prevented. Concerning vulnerable persons: Implement measures to assist detainees particularly weakened by the conditions of their journey to Europe (due to difficult sea crossings or land journeys across the African continent). Improve the identification and handling of certain categories of vulnerable persons and/or those suffering from psychological disorders, and ensure the presence of social workers, psychologists, interpreters, medical staff and mediators. Improve the system for accessing healthcare, notably by introducing medical staff who are independent from the national police service. i Concerning minors: introduce a new age testing method to replace the bode age test given its lack of reliability. Ban the detention of pregnant women.. Contract REF IP/C/LIBFJIC/ December