IPRT Response to the publication of the CPT’s new Standards on Immigration Detention

13th November 2026

IPRT welcomes the publication of the CPT’s new Standards on Immigration Detention.  

The Committee has issued a number of guiding principles, including that immigration detention must not be punitive. A fundamental aspect of this principle is that prisons are designed for people who have been convicted or suspected of a criminal offence and are not suitable for administrative detention. In this context, the Committee has observed people in immigration detention in prisons at a disadvantage regarding access to legal assistance, contact with the outside world and out-of-cell time. This is particularly important for those who are applying for international protection, who require access to a solicitor and expert legal guidance in the application process.  

While states have a right to establish their own immigration policies, the state also has a duty to uphold its obligations under the European Convention on Human Rights, including the absolute prohibition of torture and inhuman or degrading treatment under Article 3. This means that any place of detention, including immigration detention, must respect the basic dignity and humanity of the people who are placed there. 

As a member of the NGO Coalition on the EU Migration Pact in Ireland, IPRT has consistently raised concerns regarding the use of prisons as detention facilities for immigration and asylum purposes. With the commencement of the new International Protection Act earlier this year, IPRT remains concerned about the use of immigration detention under the new system and the placement of people in administrative detention in prisons. For the period from January to September this year, data from the Irish Prison Service (IPS) indicates that the average number of people per month being held in prisons for immigration purposes was 39, which is more than triple the average for the same period in 2024.  

In our recent PIPS 2025 report, we note that not only is holding people in prison for immigration purposes contrary to Ireland’s human rights obligations, but it places increased strain on a prison system that is already operating at unsafe capacity levels. As it stands, it is unclear what the future of immigration detention in Ireland will look like. IPRT urges the government to implement the CPT standards and adhere to its human rights obligations.