D. Illegalen Barakken Immigration Detention Facility. (read full CPT report)
202. Foreign nationals held under aliens legislation in Curaçao are detained at Illegalen
Barakken, an immigration detention facility located right next to SDKK. Their detention can be
ordered, by an inspector of the Curaçao Police Force, responsible for immigration cases. Detention
is ordered only in combination with an expulsion order, which may be appealed. Responsibility for
the accommodation and care of immigration detainees was fully transferred from the police to
SDKK in 2012.
203. There are no specific regulations governing the detention of irregular migrants, resulting in a
very basic and restrictive regime at Illegalen Barakken. There appeared to be no legal maximum
period of immigration detention. While the vast majority of detainees only spends up to three days
in detention, complications with identity documents or inability to pay for a flight ticket could lead
to detention of several months. The delegation was informed that if a person remained unable to
afford a flight ticket after approximately five months, the State would pay for the ticket to enable
deportation.
The CPT recommends that specific regulations be developed which are appropriate for
the detention of irregular migrants. Such regulations should include a maximum period of
detention. Further, if the only reason of failure to deport is the lack of funds for an airfare,
the CPT recommends that the State provide these funds much earlier in the process.
204. Immigration detainees should – in the same way as other categories of persons deprived of
their liberty – be entitled, as from the outset of their deprivation of liberty, to inform a person of
their choice of their situation and to have access to a lawyer and a medical doctor. Further,
immigration detainees should be expressly informed, without delay and in a language they
understand, of all their rights and the procedure applicable to them. These rights were generally
respected. However, the CPT’s delegation did note some shortcomings.
Immigration detainees had a right to inform a person of their choice of their detention, but in
principle they had to make this call at their own cost. If they did not have money for a phone card,
they would have to depend on the kindness of a staff member to assist them in this regard.
Detainees had a right to consult a lawyer at any stage of the proceedings against them, but they had
no access to free legal aid. Further, while most staff members spoke Spanish (the language of the
majority of immigration detainees in Curaçao), communication problems could arise when other
languages were needed. The delegation observed that efforts were being made by staff to explain
rights and procedures in a language that could be understood. However, written documentation,
such as the detention and deportation warrants, was only available in Dutch.
In the CPT’s view irregular migrants should benefit from an effective legal remedy enabling
them to have the lawfulness of their deprivation of liberty decided speedily by a judicial body. This
judicial review should entail an oral hearing with legal assistance, provided free of charge for
persons without sufficient means, and interpretation (if required).
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.
205. The premises consisted of three parts; one for the detention of men, one for women and one
for staff and administration. The detention block for men comprised a multi-occupancy dormitory
room (60 m²) with 12 beds and a recreation room, divided by the bathroom. The women’s building
had a dormitory with 14 beds and a bathroom. The buildings and sanitary facilities were in a good
state of repair and had sufficient access to natural light and adequate ventilation. The delegation
found that material conditions had improved considerably since the 2007 visit and could generally
be considered as adequate.102
206. There was, however, a general lack of purposeful activity in the facility. The male ward had
a recreation room with a television, dominoes and some fitness equipment but this room was locked
overnight. The female ward had a television in the dormitory itself. There was a possibility to play
ball games in the fenced area used for outdoor exercise.
For short stays of up to three days, which, as noted above, is the case for the vast majority of
persons held at the Illegalen Barakken, the regime could be considered as acceptable. However, in
respect of persons who have to stay longer, additional measures need to be taken to offer some
purposeful activities (educational, recreational or vocational).
The CPT recommends that the Curaçao authorities develop a range of purposeful
activities for detained persons at Illegalen Barakken. The longer the period for which persons
are detained, the more developed should be the activities which are offered to them.
207. The prison staff employed at the facility had not received specific training to deal with the
particular needs of foreign nationals detained under aliens legislation and played a merely
supervisory role. It should be noted, however, that the delegation had a positive impression of the
manager of Illegalen Barakken who appeared to be making a genuine effort to ensure adequate
conditions of detention for all detainees.103
The CPT recommends that staff be selected and trained for the specific purpose of
working with irregular migrants.
208. When a detainee at Illegalen Barakken is in need of medical care, he or she will be seen by
medical staff from SDKK. There were no regular visits or check-ups performed by medical staff.
The persons interviewed indicated that they had not undergone any medical screening upon
admission.
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).
209. Contact with the outside world was limited, as visits were not allowed. Staff indicated that
exceptions were made for detainees who stay longer than a month. Detainees had access to the
phone during the hours they were allowed outside their cells. The costs, however, had to be covered
by detainees themselves.
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.
