45. Whether a place where those held in the course of migration proceedings is a place of detention depends on whether the individuals held there are free to leave it at will or not. If not, irrespective of whether the facilities are labelled “shelters”, “guest houses”, “transit centres” “migrant stations” or anything else, these constitute places of deprivation of liberty and all the safeguards applicable to those held in detention must be fully respected.50 46. If a State outsources the running of migration detention facilities to private companies or other entities, it remains responsible for the way such contractors carry out that delegation. The State in question cannot absolve itself of the responsibility for the way the private companies or other entities run such detention facilities, as a duty of care is owed by that State to those held in such detention.51 X. Access to those held in detention in the course of migration proceedings 47. The Office of the United Nations High Commissioner for Refugees, the International Committee of the Red Cross and other relevant organizations, including national human rights institutions, national preventive mechanisms and international and national nongovernmental organizations, must be allowed free access to the places of detention where those detained in the course of migration proceedings are held.52 XI. Scope of application of the present deliberation 48. The standards restated in the present deliberation apply to all States in all situations, and factors such as the influx of large numbers of immigrants regardless of their status, asylum seekers, refugees and stateless persons cannot be used to justify the departure from these standards. The standards in the present deliberation also apply to migration detention facilities maintained by a State in the territory of another State, with both States jointly responsible for the detention.53 [Adopted on 23 November 2017]. 50 See A/HRC/7/4, para. 43; and A/HRC/36/37, paras. 50-56. See also A/HRC/33/50/Add.1, para. 36. See, for example, A/HRC/36/37/Add.2, paras. 33-36. 52 See, for example, E/CN.4/1999/63/Add.3, para. 38; E/CN.4/1999/63/Add.4, para. 52; A/HRC/16/47/Add.2, paras. 126-128; A/HRC/19/57/Add.3, para. 68 (h); A/HRC/27/48/Add.2, para. 127; and A/HRC/30/36/Add.3, para. 80. 53 See, for example, opinion No. 52/2014. 51 7