From Persecution to Prison - Bellevue/NYU Program for Survivors of ...

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espect shown for the inherent dignity of the person.” 287 The Guidelinescharge individual States with adopting laws to further this requirement.In addition, consistent with international law’s presumption againstdetention of asylum seekers, UNHCR’s Guidelines mandate sensitivity tothe often difficult circumstances of refugees. Special emphasis is placed on“vulnerable persons,” including survivors of torture or trauma and peoplewith mental or physical disabilities. 288 This concern takes on added significancein view of the findings of this and other studies demonstrating thatthe majority of asylum seekers suffer from trauma or other forms of psychiatricmorbidity. 289The UNHCR’s Guidelines require that these “trauma or torture victims”be identified immediately through an “initial screening of all asylumseekers at the outset of detention.” 290 Given “the very negative effects ofdetention on the psychological well being of those detained,” the Guidelinesurge the general use of alternatives. In the absence of such alternatives,survivors of torture or trauma should be detained only “on thecertification of a qualified medical practitioner that detention will notadversely affect their health and well-being.” 291Non-Criminal Status of Asylum SeekersFundamentally, conditions of detention for asylum seekers must not bepunitive or disciplinary. 292 The UNHCR Executive Committee stressedthat “refugees and asylum seekers shall, whenever possible, not be accommodatedwith persons detained as common criminals.” 293 The UNHCRGuidelines state “there should be no co-mingling of the two groups.” 294Asylum seekers should not be held in prisons or jails, even if detained separately.295 The UN Working Group on Arbitrary Detention also said asylumseekers’ detention should be in “premises separate” from people incustody under criminal law. 296Just as the Guidelines insist that detained asylum seekers should neitherbe regarded nor treated as criminals, the Body of Principles defines a287UNHCR Guidelines, Guideline 10288UNHCR Guidelines, Guideline 7.289See Pistone, Justice Denied.290UNHCR Guidelines, Guideline 10(i).291UNHCR Guidelines, Guideline 7.292Refugee Convention, Article 31; Guidelines, Guideline 3.293UNHCR ExComm Conclusion 44, paragraph (f), stresses that “refugees and asylum seekersshall, whenever possible, not be accommodated with persons detained as common criminalsand shall not be located in areas where their physical safety is endangered.”294UNHCR Guidelines, Guideline 10(iii).295UNHCR Guidelines, Guideline 10(iii).296UN Arbitrary Detention, Deliberation No. 5.LEGAL STANDARDS 169
“detained person” generally as anyone “deprived of personal liberty” forreasons other than “conviction for an offence.” 297 Like the Guidelines, theBody of Principles instructs that detainees “shall be subject to treatmentappropriate to their unconvicted status” and that they should “be keptseparate from imprisoned persons.” 298 These principles are also clearlyexpressed in the Civil Rights Covenant: “Accused persons shall, save inexceptional circumstances, be segregated from convicted persons and shallbe subject to separate treatment appropriate to their status as unconvictedpersons.” 299 The Standard Minimum Rules also mandate separation ofinmates based on, among other characteristics, “the legal reason for theirdetention and the necessities of their treatment.” 300 (Because the StandardMinimum Rules cover prisoners as well as other inmates includingdetainees, the term “prisoners” is used in quotes from the Rules eventhough detained asylum seekers are not legally prisoners.) “Untried prisoners[such as detained asylum seekers],” therefore, “shall be kept separatefrom convicted prisoners.” 301Medical and Mental Health CareThe Body of Principles and the Standard Minimum Rules both requireadequate medical and mental health care for detainees. The Body of Principlesmandate that “[a] proper medical examination shall be offered to adetained or imprisoned person as promptly as possible after his admissionto the place of detention or imprisonment, and thereafter medical care andtreatment shall be provided whenever necessary. This care and treatmentshall be provided free of charge.” 302The UNHCR Guidelines further call for “regular follow-up and supportby a relevant skilled professional” for those detained, and “access toservices, hospitalization, medication, counseling, etc., should it becomenecessary.” 303 The Guidelines emphasize that all detained asylum seekersmust have “the opportunity to receive appropriate medical treatment andpsychological counseling where appropriate.” 304The Standard Minimum Rules explicitly include mental health careamong the medical needs that must be addressed: “At every institutionthere shall be available the services of at least one qualified medical officer297Body of Principles, “Use of Terms”.298Body of Principles, Principle 8.299Civil Rights Covenant, Article 10, § 2(a).300Standard Minimum Rules, Rule 8.301Standard Minimum Rules, Rule 8(b).302Body of Principles, Principle 24.303Body of Principles, Principle 24.304Body of Principles, Guideline 10(v).170 FROM PERSECUTION TO PRISON
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From Persecution to Prison:The Heal
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CONTENTSAcknowledgements . . . . .
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The Bellevue/NYU Program for Surviv
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don, Miranda Ip, and Meriam Alrashi
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Significant symptoms of depression
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Detained asylum seekers participati
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persecution, yet most emphasized ho
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In many facilities, the response to
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years in detention, she finally got
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abuse For example, while being take
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They didn’t let me use the phone
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intensely personal events they had
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Limitations of this study include t
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Non-governmental organizations serv
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22 FROM PERSECUTION TO PRISON
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the late 1990s ranging from 10 to 7
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Historical BackgroundFor most of th
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international standards with the 19
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apply for asylum make up the majori
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tion judge. 57 Yet in many parts of
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York and Newark, New Jersey has had
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trict began denying parole to them
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Correctional Facility in 2000. “[
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men of which 750 were detained on i
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from that same country from seeking
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Detention Facilities in this StudyF
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high reliability in numerous langua
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York County Prison in York Pennsylv
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TABLE 2:Demographic Characteristics
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TABLE 4:Prevalence of Pre-Migration
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on a part time basis, researchers w
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Case #1(DK): “Loneliness and Fear
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TABLE 6:Hopkins Symptom Checklist-2
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TABLE 8:Harvard Trauma Questionnair
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think such services were available.
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When I am talking to you now it is
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After being granted asylum and rele
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“Being here is like going through
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In my country even though I became
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how long they were there - six mont
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Thoughts of SuicideSeveral asylum s
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here?’ I told the doctor, they br
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Another subject reported a positive
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substantial distance from their att
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eported that her experience in dete
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e somatic manifestations of the psy
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Case #2 (JG): “Health Care in Cha
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TABLE 11:Detainee Perceptions of He
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TABLE 13:Availability and Quality o
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detainees, or because they did not
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Difficulty Obtaining Specialized Ca
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Another detained asylum seeker repo
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One detainee who speaks French and
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Detention Facilities in this StudyS
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even though many reported having ex
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CASE #3 (HN): “SOLITARY CONFINEME
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Here, I’m scared. In [the detenti
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emote control and watch what he wan
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Whenever someone misbehaves, they t
Page 127 and 128: This subject was himself threatened
Page 129 and 130: One detainee reported several incid
Page 131 and 132: Some Process Exists to Respond to R
Page 133 and 134: There were no witnesses other than
Page 135 and 136: tion. An INS officer said they put
Page 137 and 138: There is an Anglican minister who c
Page 139 and 140: The dentists didn’t explain anyth
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Page 143 and 144: Case #4 (LK): “Fifteen-Year-Old G
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Page 147 and 148: TABLE 16:Treatment/Abuses Reported
Page 149 and 150: “There is no political asylum her
Page 151 and 152: I was crying. I was so afraid with
Page 153 and 154: save her life, but was not able to
Page 155 and 156: Case #5 (CR): “Begging for Mercy
Page 157 and 158: ehind and told me to sign. He physi
Page 159 and 160: days and it is now 2 years and four
Page 161 and 162: viewers asked for additional inform
Page 163 and 164: y study participants. In evaluating
Page 165 and 166: trast, under US law, detention of s
Page 167 and 168: nation for an asylum determination
Page 169 and 170: very negative effects of detention
Page 171 and 172: authority to grant asylum and with
Page 173 and 174: absconding.” 250 Since the passag
Page 175 and 176: said “[F]reedom from imprisonment
Page 177: Standards relevant to this study ar
Page 181 and 182: which they are charged and a fair h
Page 183 and 184: esponse to substantial public press
Page 185 and 186: specified procedures, provided they
Page 187 and 188: PunishmentThe Detention Standard on
Page 189 and 190: any time the detainee complains.”
Page 193 and 194: while in detention, thus adding to
Page 195 and 196: Establish a Uniform National Parole
Page 197 and 198: that effect. These officers should
Page 199 and 200: Besides their inaccuracy, these exa
Page 201 and 202: friends so asylum seekers can maint
Page 203 and 204: appropriate staffing of such groups
Page 205 and 206: efugees and asylum seekers who win
Page 209 and 210: of thorough documentation. However,
Page 211 and 212: Human development is complex and di
Page 213 and 214: 18. Country from which fleeing pers
Page 215 and 216: 9. Being close to death.10. Forced
Page 217 and 218: Complete for each health problem:5.
Page 219 and 220: Explain:(Interviewer: Write brief n
Page 221 and 222: 2. Depression SymptomsA How much we
Page 223 and 224: B. You said that you have experienc
Page 225 and 226: Explain:13. How was your physical h
Page 227 and 228: Yes ...........1No............22. W
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Explain:20. At the time of your arr
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