Problems of the use of special measures during administrative detention

Abstract

The administrative and legal support for the use of special means during administrative detention is considered, the existing problems are singled out and the ways of their solution are outlined. On the other hand, a large number of countries resort to administrative detention of illegal migrants due to violations of immigration laws and regulations, including stay after the expiration of the permit, lack of identity card, documents, use of other people's travel documents, not leaving the country after expiration of the established term, etc. The purpose of administrative detention is to guarantee the possibility of another measure, such as deportation or expulsion. Sometimes administrative detention is also allowed for reasons of public safety and public order, in particular. The purpose of this article is to examine in detail the legal framework with which the imprisonment of migrants must comply, in particular with regard to the fundamental principle of international law that no one shall be subjected to arbitrary detention. International human rights norms, principles and standards define the content of this principle. Such norms, principles and standards apply to all persons, including migrants and asylum seekers, as well as to criminal and administrative proceedings.