Global Crimes (Border Criminology) PDF

Global crimes (border criminology) VALERIA FERRARIS T H U R S D AY A N D F R I D AY 2-4 PM Immigrant Detention Taxonomy – Principles Principles in Europe Detention is prima facie contrary to the principle of liberty of the person and must be justified on the basis of Article 5(1)...

Global crimes (border criminology) VALERIA FERRARIS T H U R S D AY A N D F R I D AY 2-4 PM Immigrant Detention Taxonomy – Principles Principles in Europe Detention is prima facie contrary to the principle of liberty of the person and must be justified on the basis of Article 5(1) ECHR à Secondly, the conditions of detention must not constitute torture, inhuman or degrading treatment as prohibited by Article 3 ECHR and interpreted by the ECtHR. Immigrant Detention Taxonomy – Key questions 1) Detention is carried out on the basis of criminal law and within the criminal law structures or administrative law? 2) Detention centres are open (à reception centres) or closed? 3) Oversight: what are the control mechanisms in respect of places of detention? Immigrant Detention Taxonomy – Who Can and Cannot Be Detained WHO CAN 1. Third-country nationals seeking unauthorised entry into the territory of a Member State; 2. Third-country nationals against whom action is being taken with a view to deportation or extradition. WHO CANNOT 1. Foreigners with valid residence and work permits cannot lawfully be placed in detention unless a decision to expel them has been taken. 2. Citizens of the Union 3. Third country nationals who are protected by ‘strong’ agreements with the EU Immigrant Detention Taxonomy – Detention and Arrival à Pre-admittance Detention or Detention Upon Arrival Detention and Asylum à Detention of asylum seekers Detention and Irregular Stay Pre-removal detention Detention and Expulsion Reference: Guild E (2005) A Typology of Different Types of Centres for Third Country Nationals in Europe. Strasbourg: European Parliament Briefing Paper UN Working Group on Arbitrary Detention 4 Main categories of people detained (UN Working Group on Arbitrary Detention, 1998: para 32). (a) people who have been denied access to the territory (people to be refused- people subjected to a refusal of entry); (b) people who have illegally entered the territory and have subsequently been intercepted by local authorities (irregular migrants); (c) people whose authorization to stay has expired (overstayers); (d) asylum seekers whose detention is deemed necessary by local authorities UN Working Group on Arbitrary Detention 8 different types of facilities where migrants may be taken into custody (UN Working Group on Arbitrary Detention, 1998: para 33): (a) custody areas near borders, (b) police stations, (c) facilities managed by penitentiary administrations, (d) ad hoc facilities, (e) house arrest, (f) international areas and so-called ‘transit zones’, (g) gathering centres (h) hospitals Mapping immigration detention GLOBAL DETENTION PROJECT https://www.globaldetentionproject.org/detention-centres/map-view ALTRAECONOMIA – Confinement camps of migrants https://altreconomia.it/locked-in-from-above/ The theoretical debate on immigration detention 1. Administrative law 2. Detention without crime (different from prison) 3. Experienced as more punitive Unpredefined time Living conditions inside Confusing motivation of detention Fewer Rights 4. Where immigration detention can occur Not just detention facilities ad hoc (police stations; airports; etc.) 5. Lack of transparency of the institution The problem of Legitimacy Penal power in its application and its effect is constrained by the need to be legitimate. Legitimacy is a necessary quality of the State and a concept used to interrogate, critique and understand power. Legitimacy assumes a congruence between a given system of power and the beliefs, values, and expectations that provide its justification’ What are the characteristics of criminal detention (prison) Why people are in criminal detention? Punishment because of a crime Which is the law ? Criminal law Which is the purpose? Mainly the rethoric of rehabilitation Where they are? Defined facilities For how long? Clarity about time to serve How is the prison regulated? Internal regulations, Inmates’ rights Functions of criminal detention The four main functions of criminal detention are: a) deterrence: to prevent crime by frightening with punishment ot the threat of punishment; b) rehabilitation: to prevent crime by re-socializing offenders, prepare them to re-enter into society; c) incapacitation: to prevent crime by removing criminals from society. d) retribution: to prevent crime by giving victims and society a feeling of avengement. Legitimacy in prison Purpose: the functions of detention in connection with the purpose of punishment (deterrence, retribution, rehabilitation, incapacitation). Functioning: how things work and fail to work. The gap between things as they are and as they might be The coercive nature of the State and the rights of the detainees. Prison rules.  Legitimacy of immigration detention What is legitimacy? How do you understand legitimacy in prison vs. immigration detention? Legitimacy in prison Relate to the how of detention à due to rhetoric of rehabilitation as justification Legitimacy in detention Not need to look at the how of detention à due to the aim being deportation à The discourse over immigration detention should be focused to why people on the move are detained in the first place and about immigration policies (Bosworth 2013) What are the characteristics of immigration detention Why people are in immigration Detained because of detention? «illegality» Which is the law ? Administrative law /Civil law Which is the purpose? Exclusion (banopticon)? Multiplication of facilities Where they are? Lack of clarity about the time For how long? Not clear internal regulation. How is the detention centre regulated? Human rights? Justifying pre-removal detention - Which is the official purpose of immigration detention ? - In case of pre-removal detention centres à 1) Deterrence? 2) Deportation? Problems: not each illegalised migrant is detained not each illegalised migrant is deported - Poor living conditions often cause harms and detainees are also critical of removal centres. It is highly contested space Comparative perspective in deportation regimes  Denmark Finland Sweden 4.500 4.000 20.000 80.000 3.500 18.000 70.000 3.000 16.000 60.000 2.500 14.000 50.000 2.000 12.000 40.000 1.500 10.000 30.000 1.000 8.000 20.000 500 6.000 4.000 10.000 0 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2.000 0 0 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 Found illegally present Ordered to leave 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 Found illegally present Ordered to leave Actual deportations Found illegally present Ordered to leave Actual deportations Actual deportations Slovakia Hungary 450.000 3.000 400.000 2.500 350.000 2.000 300.000 250.000 1.500 200.000 1.000 150.000 500 100.000 0 50.000 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 0 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 Found illegally present Ordered to leave Found illegally present Ordered to leave Actual deportations Actual deportations  Greece Spain 120.000 1.000.000 100.000 800.000 80.000 600.000 60.000 400.000 40.000 200.000 20.000 0 0 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 Found illegally present Ordered to leave Found illegally present Ordered to leave Actual deportations Actual deportations Germany Belgium France 400.000 60.000 140.000 350.000 120.000 50.000 300.000 100.000 40.000 250.000 80.000 200.000 30.000 60.000 150.000 20.000 100.000 40.000 10.000 50.000 20.000 0 0 0 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 Found illegally present Ordered to leave Found illegally present Ordered to leave Found illegally present Ordered to leave Actual deportations Actual deportations Actual deportations Legitimacy of immigration detention 1. Deportation? and how we can justify detention for the undeported ones? Deterrence? Punishment for being illegal? Pain? Harm? 2. Lack of rules, mainly a place where people lie in the bed in precarious conditions 3. The State alone cannot put into practice the aim of detention (other States, IOM). Lack of access to basic rights. The Undeported and functions of detention What are the functions of deportation when people are detained but not deported? Co-existing and mixed motives (Leekers and Broeders, 2010) 1) Deterring illegalised migrants 2) Incapacitation and management of migrants’ pauperism (à repeated detentions) 3) Symbolic use from the State to show the ability to control borders/urban order Deterring illegalised migrants Detention is experienced as punishment. It aims to increase the pressure on detainees to leave the country and cooperate with the expulsion procedure (special deterrence) It aims to deter unwanted migrants from violation migration and residence laws But migrants are not supposed to be re-integrate in the society. The level of deprivation suggests more the intention to inflict pain or revenge… Incapacitation and management of migrants’ pauperism Detention is a form of ”relief of last resort” for strongly marginalised migrants --> repeated detention Managing people anxiety and affirming capacity of the State to control Physical and symbolic exclusion zone to show the power of the State in maintaining control and symbolically addressing citizens' demands for safety. It communicates the message that the State is still in control over the geographical and social borders that citizens want to maintain. See you next week! T H U R S D AY A N D F R I D AY 2-4 PM