The foremost organization against torture in Europe has urged the government to handle asylum requests within the UK instead of relocating individuals to Rwanda due to concerns about potential human rights violations.
The Council of Europe’s committee for preventing torture and inhuman or degrading treatment or punishment recently published a report on Thursday detailing their 11-day visit to the UK in March and April of last year. The report highlights numerous concerns.
The report cautions against the UK’s Illegal Migration Act, which permits asylum claims to be processed in Rwanda instead of the UK. It also raises concerns about the partnership between the UK and Rwanda in terms of migration and economic development, and warns that vulnerable individuals may face torture or other forms of inhumane treatment if they are sent to Rwanda.
The committee’s impromptu visit aimed to assess the conditions of immigration detention in the UK, given the Home Office’s intentions to drastically increase the number of asylum seekers detained prior to their forced removals to Rwanda.
The current amount of detention spots is 2,245 and the government plans to increase it by 1,000 more.
The European Court of Human Rights uses the committee’s conclusions to make decisions regarding pertinent cases. For example, the scheduled deportation flight to Rwanda on June 14, 2022 was stopped after the ECHR intervened. The court may also take into account the Rwanda policy in future cases.
The report expresses worry over the UK’s policy of detaining immigrants for an unspecified amount of time and the decision to house some detainees with criminal records in prisons instead of transferring them to detention centers after completing their sentences.
The committee’s visit revealed that the Illegal Migration Act, currently a bill, would remove crucial protections and make it easier to deport individuals who arrive without a valid visa.
The UK government is advised to avoid using offensive language when discussing foreign nationals who have arrived in the UK after dangerous travels.
The report expresses concerns regarding individuals held in custody, particularly those who have been subjected to torture or are at risk of suicide. These vulnerabilities are brought to light through a procedure in immigration detention called “rule 35.” However, once detainees are granted bail, their rule 35 categorization is no longer included in official statistics, even if they remain in detention centers for an extended period. As a result, the accuracy of official statistics is called into question and individuals deemed unsuitable for detention may still be kept in custody.
The committee expressed worries about how certain prisoners were being treated, particularly a man who had initially resisted but later cooperated. He was surrounded by four guards wearing full body armor and had his hands restrained with handcuffs.
The legislation of Illegal Migration permits the detention of minors in order to potentially send them back to Rwanda, a contentious practice that was previously halted in the UK but has now been reinstated. In reaction to the committee’s worries about this, officials from the UK government have acknowledged that children may be detained and have stated that their needs will be addressed while in detention, as much as possible.
The UK government disagrees with many parts of the report and believes it does not accurately represent the significant efforts made to ensure the safety and welfare of those under their care.
Officials have stated that they are content with the Rwanda plan, which aligns with international laws regarding refugees and human rights. They also mentioned that the courts have deemed the principle of transferring individuals to a secure third country as legally sound, in response to the delegation’s suggestion to handle asylum claims in the UK instead of Rwanda.
In November 2023, the UK’s highest court declared that the Rwanda program was against the law and deemed Rwanda as an unsafe destination for asylum seekers.
Source: theguardian.com
