10 1 PROTECTING STATELESS PERSONS FROM ARBITRARY DETENTION As the UN refugee agency, the UNHCR is responsible for overseeing the implementation of the 1954 Convention Relating to the Status of Stateless Persons. The UNHCR Handbook on Protection of Stateless Persons, the UNHCR Guidelines on the Detention of Asylum Seekers as well as various conclusions adopted by its governing body, and known as “ExCom Conclusions” (i.e. “Identification, Prevention and Reduction of Statelessness and Protection of Stateless Persons, Executive Committee Conclusion No. 106(LVII), 6 October 2006 (ExCom 106)) are also particularly relevant for this toolkit. The Council of Europe Within the Council of Europe Framework, the most influential and relevant instrument is the Convention for the Protection of Human Rights and Fundamental Freedoms, better known as the European Convention on Human Rights (ECHR), to which all CoE member states are party. The Council of Europe has also issued Twenty Guidelines on Forced Return, which are not legally binding. Within this framework, the European Court of Human Rights (based in Strasbourg), which has the power to hear cases in relation to the ECHR and make binding judgments on parties, is the most significant mechanism. Another relevant mechanism is the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) which has investigative powers, carries out visits to any place “where persons are deprived of their liberty by a public authority” and issues reports and standards. The European Union Within the EU Framework, it is important to point out two important instruments: the EU Returns Directive and the European Charter of Fundamental Rights. The EU Returns Directive is binding on all EU member states (with the exception of Denmark, Ireland and the UK which have ‘opted out’), and four non-EU states that are part of the Schengen Area (Iceland, Liechtenstein, Norway and Switzerland).13 The Directive governs the detention of migrants who are subject to removal proceedings, and includes various safeguards against arbitrariness in the decision making and implementation process. The European Charter of Fundamental Rights is a non-binding instrument that contains a wide array of rights applicable to all persons in the territory and/or subject to the jurisdiction of EU member states. The most relevant EU mechanism is the European Court of Justice (based in Luxembourg), which has the jurisdiction to hear cases and make legally binding judgments on any question of Union Law.