Principle 6
The decision must be taken by a duly empowered authority with a sufficient level of
responsibility and must be founded on criteria of legality established by the law.
Principle 7
A maximum period should be set by law and the custody may in no case be
unlimited or of excessive length.
Principle 8
Notification of the custodial measure must be given in writing, in a language
understood by the asylum‑seeker or immigrant, stating the grounds for the measure;
it shall set out the conditions under which the asylum‑seeker or immigrant must be
able to apply for a remedy to a judicial authority, which shall decide promptly on the
lawfulness of the measure and, where appropriate, order the release of the person
concerned.
Principle 9
Custody must be effected in a public establishment specifically intended for this
purpose; when, for practical reasons, this is not the case, the asylum‑seeker or
immigrant must be placed in premises separate from those for persons imprisoned
under criminal law.
Principle 10
The Office of the High Commissioner for Refugees (UNHCR), the International
Committee of the Red Cross (ICRC) and, where appropriate, duly authorized
non‑governmental organizations must be allowed access to the places of custody.
What are the rights and obligations of persons recognized as stateless?
There are some fundamental human rights that apply to all persons regardless of their
status or the type of stay in a particular jurisdiction. These include, for example, the
prohibition against torture and the principle of non‑discrimination. Indeed, the 1954
Convention affirms that its provisions shall be applied to stateless persons “without
discrimination as to race, religion or country of origin” (Article 3).
Every stateless person has the duty to conform to laws and regulations of the country
in which he finds himself (Article 2). Assuming that this obligation is met, Article 7 (1) of
the 1954 Convention sets out the basic level of protection to which a stateless person
is entitled. It stipulates that, except in instances where the 1954 Convention explicitly
contains more favourable treatment, “a Contracting State shall accord to stateless
persons the same treatment as is accorded to aliens generally”.
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