{"id":13830,"date":"2023-10-05T09:18:53","date_gmt":"2023-10-05T09:18:53","guid":{"rendered":"https:\/\/icoca.ch\/?post_type=case_studies&p=13830"},"modified":"2024-01-31T10:34:51","modified_gmt":"2024-01-31T10:34:51","slug":"transport-of-migrants-in-inhumane-conditions","status":"publish","type":"case_studies","link":"https:\/\/icoca.ch\/fr\/case-studies\/transport-of-migrants-in-inhumane-conditions\/","title":{"rendered":"TRANSPORT OF MIGRANTS IN INHUMANE CONDITIONS"},"content":{"rendered":"

Background <\/strong><\/h2>\n

In regions throughout the United States, Immigration and Customs Enforcement (ICE) contracts with G4S to transport immigrants in its custody. Prior to this incident, G4S had received hundreds of complaints annually from immigration detainees. In one incident in Australia, a coroner deemed the death of a detained immigrant that resulted from extreme temperatures in the back of a G4S van to be \u201cwholly unnecessary and avoidable.\u201d In a 2014 incident, days before a transportee was beaten to death by another transportee during a transport conducted by G4S, deputies in Florida stated that they had informed G4S supervisors that their workers needed more training, noting the personnel had \u201cawful\u201d handcuffing techniques.<\/p>\n

The Incident <\/strong><\/h2>\n

In July 2017, nine immigrant women detained by ICE were transported from the West County Detention Facility in Richmond, California to Mesa Verde Detention Facility in Bakersfield, California. Allegedly, the women were shackled by their hands and feet in suffocating heat, causing the women to struggle for breath. The journey between the two facilities took over 24 hours, despite the cities being typically around a five hour\u2019s drive away from each other.\u00a0 It was also alleged that the women were denied access to food, water, medication, and restroom facilities for periods of time, while G4S personnel ignored their cries for help.<\/p>\n

Legal Aspects<\/strong><\/h2>\n

Court cases<\/strong><\/h3>\n

On May 21, 2019, the American Civil Liberties Union Foundation (ACLU) filed a lawsuit on behalf of the four women who were detained and transported by G4S. The suit sought damages for suffering and injuries the women sustained during the journey.<\/p>\n

In February 2022, the parties dismissed the lawsuit due to a confidential settlement that was reached between the parties.<\/p>\n

The International Code of Conduct <\/strong><\/h3>\n

The International Code of Conduct<\/a> states that Member and Affiliate Companies will require their personnel to treat all detained persons humanely (section 28).<\/p>\n

Paragraph 33 of the Code (Detention) <\/em>requires that Security Personnel \u201cwill only, guard, transport, or question detainees if: (a) the Company has been specifically contracted to do so by a state; and (b) its Personnel are trained in the applicable national and international law. Member and Affiliate Companies will, and will require that their Personnel, treat all detained persons humanely and consistent with their status and protections under applicable human rights law or international humanitarian law, including in particular prohibitions on torture or other cruel, inhuman or degrading treatment or punishment.\u201d<\/p>\n

Resources on Apprehending Persons<\/a><\/p>\n

Resources on Detention<\/a><\/p>\n

Further, the International Code of Conduct requires stringent selection and vetting of personnel, assessment of performance and duties (paragraphs 45 to 49), and training of personnel of the Code and relevant international law, including human rights and international criminal law (paragraph 55). Meeting the requirements of the Code of Conduct, can help private security companies and their clients ensure that private security personnel are qualified, trained, supported, informed, and responsible.<\/p>\n

Meeting the requirements of the Code of Conduct can help private security companies and their clients ensure that private security personnel are qualified, trained, supported, informed, and responsible.<\/p>\n

The ICoCA\u2019s Procurement Guide for Contracting Responsible Security<\/a> can help clients select responsible security providers and prevent abuses.<\/p>\n

Discussion <\/strong><\/h2>\n

How can authorities ensure that they contract responsible private security providers?<\/p>\n

What are the specific responsibilities of private security companies when they are contracted to handle people in vulnerable situations?<\/p>\n

How can training and vetting of private security personnel ensure the humane treatment of vulnerable detainees?<\/p>\n

Related Incidents<\/h2>\n