Curaçao

Detains migrants or asylum seekers?

Yes

Has laws regulating migration-related detention?

Yes

Overview

Types of facilities used for migration-related detention
Administrative Ad Hoc Criminal Unknown

Illegalen Barakken Immigration Detention Facility (from report of the European Committee for the Prevention of Torture 2014 visit to Curaçao and Caribbean parts of the Kingdom of the Netherlands)

D. Illegalen Barakken Immigration Detention Facility. (read full CPT report)202. Foreign nationals held under aliens legislation in Curaçao are detained at IllegalenBarakken, an immigration detention facility located right next to SDKK. Their detention can beordered, by an inspector of the Curaçao Police Force, responsible for immigration cases. Detentionis ordered only in combination with an expulsion […]

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DETENTION STATISTICS

DETAINEE DATA

DETENTION CAPACITY

ALTERNATIVES TO DETENTION

ADDITIONAL ENFORCEMENT DATA

PRISON DATA

POPULATION DATA

SOCIO-ECONOMIC DATA & POLLS

LEGAL & REGULATORY FRAMEWORK

Does the Country Detain People for Migration, Asylum, or Citizenship Reasons?
Yes
2023
Does the Country Have Specific Laws that Provide for Migration-Related Detention?
Yes
2024
Detention-Related Legislation
Landsverordening Toelating en Uitzetting (National Ordinance Admission and Deportation) (2010) 2016
2010
Do Migration Detainees Have Constitutional Guarantees?
Yes (Staatsregeling van Curaçao arts. 3, 5, 6 (Curaçao 2010).) 2010
2010 2024
Additional Legislation
Landsverordening administratieve rechtspraak (National Ordinance on Administrative Jurisdiction) (2001) 2010
2001
Summary Removal/Pushbacks
In Law: No
In Practice: Yes
2023
Re-Entry Ban
Yes
2021
Legal Tradition(s)
Civil law
2024
Federal or Centralised Governing System
Centralized system
2024
Centralised or Decentralised Immigration Authority
Centralized immigration authority
2024

GROUNDS FOR DETENTION

Immigration-Status-Related Grounds
Detention to effect removal
2024
Detention for unauthorised entry or stay
2024
Non-Immigration-Status-Related Grounds in Immigration Legislation
Detention on public order, threats or security grounds
2024
Criminal Penalties for Immigration-Related Violations
No (No)
2024
Children & Other Vulnerable Groups
Women (Not mentioned) Yes
2023
Asylum seekers (Not mentioned) Yes
2023
Unaccompanied minors (Provided) Not available
2023
Accompanied minors (Provided) Yes
2023
Mandatory Detention
No (No)
2024

LENGTH OF DETENTION

Maximum Length of Administrative Immigration Detention
Number of Days: 182
2023
Average Length of Immigration Detention
Number of Days: 30
2023

DETENTION INSTITUTIONS

Custodial Authorities
(Ministry of Security and Justice) Regional Authority-Internal or Public Security
2020
Apprehending Authorities
Immigration Department (Police) Justice
2020
Detention Facility Management
Ministry of Security and Justice/Custodial Institutions Agency (Governmental)
2020
Formally Designated Detention Estate?
Yes (Police stations)
2020
Yes (Dedicated immigration detention facilities)
2020

PROCEDURAL STANDARDS & SAFEGUARDS

Procedural Standards
Right to appeal the lawfulness of detention (Yes) Unknown
2024
Complaints mechanism regarding detention conditions (Yes) infrequently
2023
Access to asylum procedures (Unknown) No
2023
Access to free interpretation services (Yes) No
2023
Right to legal counsel (Unknown) No
2023
Information to detainees (Yes) infrequently
2023
Are Non-Custodial Measures/Alternatives to Detention (ATDs) Provided in Law?
Immigration Law: No
Asylum/Refugee Law: No
2023
Does the Law Stipulate Consideration of Non-Custodial Measures (ATDs) before Imposing Detention?
Immigration Law: No
Asylum/Refugee Law: No
2023
Access to Detainees
Lawyer: Limited or Some Detention Centres Only
Family Members: Unknown
NGOs: Yes
International Monitors: Yes
Consular Representatives: Unknown
2022

COSTS & OUTSOURCING

Foreign / Non-State Financial Support for Detention Operations
Yes
2023
Description of Foreign Assistance
The Netherlands provided financial assistance to Curaçao's "Foreigners Barracks," an immigrant detention center, up until 2021. In 2021, the Netherlands froze its assistance after reports came out regarding the treatment of migrants at the Foreigners Barrack detention center. This barrack was closed in early 2022, but a new one reopened in late 2022. It is unclear if Dutch funds helped fund and maintain this new detention center.
2023

COVID-19 DATA

TRANSPARENCY

MONITORING

NATIONAL HUMAN RIGHTS MONITORING BODIES

NATIONAL PREVENTIVE MECHANISMS (OPTIONAL PROTOCOL TO UN CONVENTION AGAINST TORTURE)

NON-GOVERNMENTAL ORGANISATIONS (NGOs)

GOVERNMENTAL MONITORING BODIES

INTERNATIONAL DETENTION MONITORING

INTERNATIONAL TREATIES & TREATY BODIES

Ratio of relevant international treaties ratified
Ratio: 0/19

> UN Special Procedures

> UN Universal Periodic Review

> Global Compact for Migration (GCM)

> Global Compact on Refugees (GCR)

REGIONAL HUMAN RIGHTS MECHANISMS

Relevant Recommendations or Observations of Regional Human Rights Mechanisms
Recommendation Year
Observation Date
European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) The CPT recommends that the Curaçao authorities introduce such a legal remedy. Further, the CPT recommends that the right to inform a person of choice be guaranteed and that provision be made that costs of this notification are covered by the State. In addition, all immigration detainees should be expressly informed of their rights and the procedure applicable to them in a language they can understand. They should be systematically provided with a document setting out this information; the document should be available in the languages most commonly spoken by those concerned and, if necessary, the services of an interpreter should be made available. The CPT recommends that staff be selected and trained for the specific purpose of working with irregular migrants. The CPT recommends that systematic medical screening of all immigration detainees, including for transmissible diseases, be introduced. Such screening should be carried out in a way that respects medical confidentiality (see also paragraph 167). The CPT recommends that all immigration detainees be granted the right to receive visitors, in particular relatives and representatives of relevant organisations, throughout the period of their detention. 2014
2014
2014

HEALTH CARE PROVISION

HEALTH IMPACTS

COVID-19