احتجاز ملتمسي اللجوء من منظور القانون الدولي العام

Abstract EN

Each state enjoys ample freedom in treating foreigners within its territory, starting from entry, through residence to exit, and thus a state has the right to detain, deport unwanted foreigners or even deny them entry.

That right is deemed a preventive measure for states from any menaces, a right that is associated with states' right to sovereignty; however international norms should be observed by states when exercising that right.

This study handles the issue of states' detention of asylum seekers paying insufficient attention to International Law.

Study argues that asylum seekers should not be treated as criminals and that their rights and requirements should be observed and placed as a top priority in all immigration policies.

Study handles the topic in three sections.

The first section illustrates the concept of asylum seekers detention from the perspective of International Law; the second sets forth a state's sovereignty confines in detaining asylum seekers while the third one covers researcher's own vision on detention of asylum seekers.

Study sums up with a number of recommendations; major among them is the promotion of sustainable alternatives to detention of asylum seekers and refraining from further entrenching detention as immigration –reduction mechanism by means of supporting expansion of detention centers networks.

Study also recommends that detention be the last resort and that children should never be subject to detention.

Furthermore, study urges the need to remind states that, being a last resort, detention should be for shorter periods, and that alternatives to detention should, where feasible, always be sought.