Malta and other countries that detain asylum seekers should consider other options than detention, according to new guidelines published yesterday.

Structured community supervision, designated residences, reporting conditions and electronic monitoring are some of the options states could explore, the United Nations High Commissioner for Refugees said.

Another recommendation is that detention should not be used as a punishment for illegal entry or to deter other asylum seekers from arriving.

The UNHCR guidelines on the criteria and standards relating to the detention of asylum seekers replace others that had been issued in February 1999.

Detention of asylum seekers should normally be avoided and be a measure of last resort, the guidelines state.

Decisions to detain should be based on a detailed and individualised assessment of each asylum seeker.

The guidelines also propose that victims of torture and other serious physical, psychological or sexual violence need special attention and should generally not be detained.

Children, pregnant and nursing mothers and asylum seekers with long-term physical, mental, intellectual and sensory impairments should also not be detained.

Asylum seekers who arrive in Malta by boat are held in closed detention centres for up to 12 months while their claims are processed. Those who do not apply for asylum or are rejected are held for up to 18 months.

“Vulnerable” asylum seekers, including minors and pregnant women, are removed from detention centres following an assessment process.

Conditions at detention centres should be “humane and dignified”, according to the guidelines. Living conditions in Malta’s detention centres are often criticised by NGOs.

A further recommendation is that detainees should be given access to an effective remedy to contest their detention.

The guidelines can be viewed at www.unhcr.org/refworld/docid/503489533b8.html.