42 ecommends that the State party:
(a) Release all migrants detained arbitrarily and effectively investigate and
prosecute all cases of arbitrary detention, violence, other human rights abuses and
deaths of detained migrants and provide, on a systematic basis, mandatory training on
human rights, gender equality, the best interests of the child and non-discrimination for
all State officials dealing with migrants, with a view to preventing such violations; b) Decriminalize irregular migration, adopt measures to phase out, and
ultimately put an end to, immigration detention and enact a presumption in law against
detention and therefore in favour of freedom; (c) Immediately cease immigration detention of children, whether unaccompanied, separated from their parents or together with their families, and of other vulnerable groups of migrant workers and members of their families, as well as
asylum-seekers, refugees and stateless persons; (d) Ensure that: (i) In all other cases, the detention of migrants is an exceptional measure of last resort, pursuing a legitimate end and permitted by law, and that it is necessary and proportionate and applied for the shortest possible period of time; (ii) The grounds for detention are specified in each case, with specific reasons
provided as to why alternative measures cannot be implemented; (iii) The measure is reviewed within 24 hours by an independent and impartial
judicial authority; (iv) In line with its human rights obligations, alternative measures to detention
are considered and made use of before imposing detention measures. The
Committee recognizes alternatives to detention as being all community-based
care measures or non-custodial accommodation solutions – in law, policy or
practice – that are less restrictive than detention and must be considered in the
context of lawful detention decision procedures to ensure that detention is
necessary and proportionate in all cases, with the aim of respecting the human
rights and avoiding the arbitrary detention of migrants, asylum-seekers, refugees
and stateless persons; (e) Ensure that alternative measures to detention are applied to asylum-
seekers and refugees, and in all cases of voluntary return, and that migrant workers
and members of their families are informed of their rights and about procedures in the
detention context in a language they understand and have access to legal aid, effective
remedies, justice and consular services;
(f) Ensure that, in administrative and judicial proceedings, including for
charges not related to immigration status, migrants are guaranteed due process and the
right to a fair trial on an equal basis with nationals of the State party before the courts
and tribunals;
(g) In exceptional cases where detention cannot be avoided, ensure that all
immigration detention facilities are officially designated for this purpose, guarantee
adequate and decent conditions, including gender-responsive health services, including
sexual and reproductive health services, psychological care, water, sanitation and
hygiene, food, sufficient space and ventilation, leisure and recreational activities and
access to outdoor areas; (h) Ensure that women detainees are held separately from men, are guarded
only by adequately trained women officers and are protected against violence, in
particular sexual violence, and that specific provisions are made for pregnant and
nursing women;
(i) Strengthen mechanisms to regularly monitor conditions in migrant
detention centres and grant human rights monitors, including humanitarian agencies
and non-governmental organizations, unannounced and unhindered access to all
migrant detention centres.