proportionate and non-discriminatory. Indefinite as well as mandatory forms of detention are arbitrary per se.142 Hence, routine detention of persons seeking protection on the ground of their statelessness is considered arbitrary detention.143 Where such persons are detained, it must be a measure of last resort, and such persons shall not be held with convicted criminals or individuals awaiting trial.144 Statelessness, by its very nature, severely restricts access to basic identity and travel documents that nationals normally possess. Moreover, stateless persons are often without a legal residence in any country. Thus, being undocumented or lacking the necessary immigration permits cannot be used as a general justification for the detention of such persons. In Sweden, the detention of asylum-seekers and other aliens is regulated in Chapter 10 of the Aliens Act. In accordance with Section 1, an alien who has turned 18 years may be detained if his or her identity is unclear at the time of entry into Sweden, or when the person applies for a residence permit. An alien who has turned 18 years may also be detained if it is deemed necessary in order to determine the person’s right to stay in Sweden, and it is likely that the person will be refused entry or be expelled pursuant to Chapter 8 of the Aliens Act; in such a situation, the detention is aimed at facilitating the execution of the expulsion decision. However, in these situations, a person can only be detained if there is a risk that he or she will engage in criminal activities in Sweden, abscond, hide or in any other way prevent the execution of the decision on refusal of entry or expulsion.145 According to the SMA, it is not a common practice to detain asylum-seekers or other aliens because of unclear identity. In most cases, detention is used in order to facilitate the implementation of decisions on refusal of entry or expulsion, and to prevent absconding. The detention of stateless asylum-seekers is not considered to be more common than that of asylum-seekers generally.146 3.4.1.2 EXPULSION Article 31 of the 1954 Convention provides certain guarantees against the expulsion of a stateless person from a territory. Article 31(1) provides, “The Contracting States shall not expel a stateless person lawfully in their territories save on grounds of national security or public order.”147 Moreover, other international human 44 142 See the UN Human Rights Committee’s decisions in van Alpen v. Netherlands, Communication No. 305/1988, 23 July 1990, http://www.refworld.org/docid/525414304.html para. 5.8; A v Australia, CCPR/C/59/D/560/1993, 30 April 1997, http://www.refworld.org/docid/3ae6b71a0.html para. 9.4; and Danyal Shafiq v Australia, CCPR/C/88/D/1324/2004, 13 November 2006, http://www.refworld.org/docid/47975af921.html para. 7.3. In the context of refugees, UNHCR Executive Committee Conclusion 44 (XXXVII) of 1986 on detention of refugees and asylum-seekers, available at: http://www.refworld.org/docid/3ae68c43c0.html, states that detention of asylum-seekers should normally be avoided but if necessary should only occur on grounds prescribed by law in order to determine the identity of the individual; in order to obtain the basic facts of the case; where an individual has purposely destroyed documentation or presented fraudulent documentation in order to mislead the authorities; and/or where there are national security or public order concerns. See also UNHCR, Guidelines on the Applicable Criteria and Standards relating to the Detention of Asylum-Seekers and Alternatives to Detention, 2012, http://www.unhcr.org/505b10ee9.html. 143 UNHCR, Handbook, para. 112 (citing, inter alia, the UN Working Group on Arbitrary Detention, Report to the Human Rights Council, A/HRC/13/30, 18 January 2010). 144 Ibid., paras. 112-115. 145 “Refusal of entry” is used when a person’s asylum or other residence permit has been rejected, while “expulsion” refers to a situation where a person has previously had a valid residence permit but no longer has one. 146 Meeting with the SMA, 6 September 2012. 147 See also Article 31(2) (providing, inter alia, that expulsion “shall be only in pursuance of a decision reached in accordance with due process of law”) and Article 31(3) requiring that a “stateless person [be allowed] a reasonable period within which to seek legal admission into another country.” M A P P I N G S TAT E L E S S N E S S I N S W E D E N