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 […]

Read More…

Last updated:

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
Name
Year Adopted
Last Amended
Landsverordening Toelating en Uitzetting (National Ordinance Admission and Deportation)
2010
2016
Do Migration Detainees Have Constitutional Guarantees?
Yes/No
Constitution and articles
Adopted in
Last amendend
Yes
Staatsregeling van Curaçao arts. 3, 5, 6 (Curaçao 2010).
2010
Additional Legislation
Name
Year Adopted
Last Amended
Landsverordening administratieve rechtspraak (National Ordinance on Administrative Jurisdiction)
2001
2010
Summary Removal/Pushbacks

No

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
Fines
Incarceration
Year
No
No
2024
Children & Other Vulnerable Groups
Group
In Law
In Practice
Year
Women
Not mentioned
Yes
2023
Asylum seekers
Not mentioned
Yes
2023
Unaccompanied minors
Provided
Not available
2023
Accompanied minors
Provided
Yes
2023
Mandatory Detention
Detention
For
Year
No
No
2024

LENGTH OF DETENTION

Maximum Length of Administrative Immigration Detention

182

2023
Average Length of Immigration Detention

30

2023

DETENTION INSTITUTIONS

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

PROCEDURAL STANDARDS & SAFEGUARDS

Procedural Standards
Name
In Law
In Practice
Year
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?

No

No

2023
Does the Law Stipulate Consideration of Non-Custodial Measures (ATDs) before Imposing Detention?

No

No

2023
Access to Detainees
Impact
Nature
Year
Limited or Some Detention Centres Only
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