The Council of Europe Commissioner for Human Rights, Dunja Mijatović, called on all member countries to "review the situation of rejected asylum seekers and irregular migrants in immigration detention and to release them to the maximum extent possible", in a statement issued on Thursday 26 March.
In the face of the COVID-19 pandemic, it is unclear when the returns of migrants subject to the so-called Dublin Regulation will be possible, she said, recalling that "under human rights law, immigration detention for the purpose of such returns can only be lawful as long as it is feasible that return can indeed take place". Furthermore, she added, "immigration detention facilities generally provide poor opportunities for social distancing and other measures to protect against COVID-19 infection for migrants and staff".
Citing Belgium, Spain and the Netherlands, which have already released migrants, as well as the United Kingdom, which has announced that it wants to review their situation, Dunja Mijatović called on other Council of Europe countries to follow these examples, with one priority: migrant children, whether unaccompanied or accompanied by their families.
Member States are also responsible for ensuring that "those released from detention are given appropriate access to accommodation and basic services, including health care". This is necessary to "safeguard their dignity" and also "to protect public health". (Original version in French by Véronique Leblanc)