Almost 3,000 people were held in prison for immigration-related reasons in 2003 and 2004, according to a report to be published today. Nearly 10,000 people were refused entry into Ireland in those two years.
The report calls for an end to the practice of holding such detainees incommunicado before refusing them entry, usually without anyone knowing they had arrived in Ireland.
The number held in prison for immigration-related reasons fell from almost 2,000 in 2003 to just under 1,000 in 2004, reflecting the fall in people seeking asylum. However, the average length of time they spent in custody increased dramatically, with two-thirds spending more than 51 days.
The report, Immigration-related detention in Ireland, was commissioned by the Irish Refugee Council, the Irish Penal Reform Trust and the Immigrant Council of Ireland. It was written by international human rights lawyer Mark Kelly.
The report says that prisons, where the vast majority of immigration detainees are held, are inappropriate places for such people, who are not accused of any crime.
It recommends an end to the practice of holding immigration detainees in prison, saying they should be accommodated instead in centres designed for the purpose.
The report says the rights accorded to certain categories of people held for immigration-related reasons fall short of international human rights standards. These rights include the right to inform a third party of one's detention; to have access to a lawyer and a doctor; the right to appeal against the legality of the detention; and the right to information about rights in a language understood by the detainee.
While these rights exist for detained asylum seekers and for those held on remand for immigration-related offences, they do not exist for those refused permission to land and who are held pending their return, or for those held pending deportation, who only have the formal right to appeal the legality of their detention.
As they do not have the right to information about their rights in a language they understand, or access to legal advice, the report questions the practical usefulness of the formal right to appeal.
It quotes the head of the Garda National Immigration Bureau, Det Chief Supt Derek Byrne, as saying that those refused permission to land may be allowed to make phone calls if this is "absolutely necessary", but that they have no right to inform anyone about their detention.
Chief Supt Byrne also said those refused permission to land had not entered the territory of Ireland and therefore were not entitled to rights available to people on Irish territory.
However, the report points out that this argument was rejected by the European Court of Human Rights nine years ago in a case involving France, where it found that people in an international zone at an airport were present on the territory of the state in question and fully entitled to the protection of the European Convention on Human Rights. This convention has since been incorporated into Irish law.
The report recommends amending the legal framework for immigration detention in Ireland to ensure that all detainees enjoy their human rights as enshrined in international law and human rights covenants. Amendments to the forthcoming Immigration and Residence Bill could achieve this, it states.
While the rights of detained asylum seekers are more fully protected, the report recommends improvements in their access to legal and medical assistance.
The author of the report interviewed a number of people held for immigration reasons in Cloverhill (for men) and the Dóchas Centre (for women), where the majority of immigration detainees are held.
While the physical conditions were of a high standard, he found that detainees lived in over-crowded conditions in both prisons, and lacked sufficient opportunity for association, visits and stimulation.