Immigration detention (Read full CPT report)
24. In the course of its previous visits to Ireland, the CPT has reiterated that a prison is by
definition not a suitable place in which to detain someone who is neither suspected nor convicted of
a criminal offence. In those cases where it is deemed necessary to deprive persons of their liberty for
an extended period under aliens legislation, they should be accommodated in centres specifica ll y
designed for that purpose, offering material conditions and a regime appropriate to their legal situation
and staffed by suitably qualified personnel. No such centre currently exists in Ireland.
25. At the time of the 2019 visit, a new Garda Station at Dublin airport, with four cells and two
holding rooms, had started functioning as a designated place of detention for persons refused entry to
or being removed from the State. However, as persons may only be held for a maximum of 24 hours
in this station, prison establishments continue to be used to accommodate immigration detainees for
longer periods.8 In particular, such persons continue to be held in the same cells as remand prisoners
for periods of up to several weeks, notably at Cloverhill Prison. Once again, the CPT’s delegation
met persons held in prison for immigration reasons who were subjected to abuse and bullying from
prisoners. For example, a middle-aged diminutive foreign national was placed in a cell with two
young remand prisoners who allegedly attempted to rape him as well as physically aggressed and
verbally intimidated him. He managed to be moved to another cell and the delegation brought the
vulnerability of his situation to the attention of the Governor. Further, immigration detainees are still
not provided with information in a language they can understand about what is happening to them,
heightening their anxieties. Moreover, they are subject to prison rules, including the incentives and
privileges policy, only offered screened visits and not permitted to access their mobile phones.
26. At Cloverhill Prison, the CPT’s delegation visited a small unused unit (F Block) that could be
used to accommodate immigration detainees. F Block consists of six double cells on the ground floor
and six single cells on the upper floor, each equipped with a partially screened toilet. The unit has
three showers, an outdoor exercise yard and a recreation room. However, there were no telephone
facilities and escorts would have to be provided for access to the visits area and health care. Moreover,
steps need to be taken to devise an appropriate open regime for this category of detained person. In
addition, it will be necessary to ensure that the facility is properly staffed by persons having the
necessary language and inter-cultural skills. At the end of the visit, the CPT’s delegation requested that, pending the opening of a discrete unit with immigration specific rules, immigration detainees should be allocated designated cells on a quiet enhanced wing at Cloverhill Prison and offered a more open regime, including greater ac cess to the telephone and unscreened visits. The CPT calls upon the Irish authorities to put in place a specifically designed centre for immigration detainees in accordance with the Committee’s requirements. Further, it wishes to receive information on the conditions and regime afforded to immigration detainees pending the opening of such a unit.
