UNHCR’s observations to the Swedish government’s law proposal on clearer authority for the Police when implementing decisions concerning expulsion.
UNHCR, the UN Refugee Agency, has submitted its observations to the Swedish government’s draft law proposal “Clearer authority for the Police when implementing decisions concerning expulsion” (Tydligare befogenheter för polisen när beslut om avvisning eller utvisning verkställs).
The proposal suggests that the Police may take custody of an alien, including families with children and unaccompanied or separated children, for 24 hours if necessary to implement the removal, and for another 24 hours if there are particular reasons. The proposal also provides for a right for the Police to detain children against whom the Police has adopted a removal decision.
UNHCR acknowledges that coercive measures may be required in certain instances and under certain conditions to ensure the efficient removal of aliens from the territory. Coercive removals may be fraught with difficulty and render the individual concerned extremely vulnerable and at increased risk of abuse.
UNHCR recommends to define the coercive measures with greater specificity, to incorporate relevant safeguards in line with international and EU law standards, and to ensure that any removal by force is carried out in a humane manner with due respect for the dignity and physical integrity of the individual concerned.
Furthermore, UNHCR recommends the Swedish Government to withdraw the provision authorizing the detention of children given that children, including children with their parents should never be detained for immigration related purposes as being contrary to their best interests.
UNHCR’s observations are available here.
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