Strasbourg, 03/10/2001 (Agence Europe) - The Council of Europe Human Rights Commissioner, Alvaro Gil-Robles, sent a recommendation on 19 September to the 43 member states of the Council of Europe. This is his first recommendation since being appointed in 1999 and concerns the rights of foreigners wanting to enter member states and the implementation of deportation orders.
The Commissioner reminded the member states' authorities that a foreigner has the right to not be automatically considered a criminal or a fraudster. Countries have the right, of course, to control immigration, but not by spurning fundamental rights that apply as much to foreigners as to other people. Mr Gil-Robles sending people back "as soon as they get off the plane" is unacceptable since it deprives those sent back of the option of applying for asylum. Likewise, the extended detention of foreigners, particularly the especially vulnerable (like unaccompanied children) in the international areas of airports had to be strictly managed. If the detention is to be extended, the foreigner must be placed in a specialised centre but this must never be a prison. Any detained person must have the right to telephone a person of his/her choice, have access to emergency medical care and an interpreter. NGOs must be guaranteed free access to the detention centres. The Commissioner also insisted on the vital role of the judicial authorities as guarantors of freedom, and also on the need to provide effective appeal procedures to allow foreigners to challenge the decisions taken. Outraged by the way some member states have recently been treating foreigners due to be forcibly deported, the Commissioner argues that the use of gags, cushions, helmets or decapacitating gas has to be completely outlawed since they can suffocate the person concerned. Likewise, it should be totally forbidden to administer tranquillisers or handcuff those being deported while the plane is landing or taking off without a prior medical examination.