On 27 and 28 May 2026, Ivan Šelih, Deputy Human Rights Ombudsman and Head of the National Preventive Mechanism (NPM), participated in the first meeting of the SEE NPM Network in 2026 in Sofia, Bulgaria. Entitled Protecting the Fundamental Rights of Detained Migrants – Problems and Solutions, the meeting focused on the protection of the fundamental rights of detained migrants. Alternatives to detention and forced return to the country of origin were also discussed. The meeting was organized by the Ombudsman of Bulgaria in its capacity as Chair of the Network.

Members of the Network in attendance shared their experiences and discussed the main challenges related to migration, migrant detention practices, and the protection of migrants’ fundamental rights. A number of common issues affecting detained migrants and asylum seekers were identified. One of the most significant concerns highlighted was the very limited use of alternatives to detention. Although most participating countries’ legislation formally provides for alternatives to detention and, in many cases, requires that they be considered the primary measure, such alternatives are rarely used in practice or are not feasible.

Prolonged detention of migrants for up to 18 months was identified as a serious problem, particularly when there are no realistic prospects of removal or forced return to their country of origin. In such situations, detention can effectively become a means of pressuring individuals to leave the country voluntarily or a form of deprivation of liberty. This raises serious concerns regarding proportionality, legality, and compliance with international human rights standards. The criminalization of irregular migration may further endanger individual liberty and violate the principle of non-refoulement.

The meeting further emphasized that prolonged detention has severe negative psychological and social consequences, particularly for vulnerable groups such as minors, trauma victims, and persons with mental or physical health conditions.

The participants reaffirmed the importance of:

• ensuring that detention is used only as a measure of last resort;

• strengthening safeguards against arbitrary and prolonged detention;

• promoting effective and humane alternatives to detention;

• ensuring access to free legal aid, interpretation services, healthcare, and procedural rights;

• improving judicial oversight and the periodic review of detention measures.

The participants also emphasized the crucial role of National Preventive Mechanisms in monitoring migrant detention centres, identifying systemic shortcomings, and promoting compliance with European and other international human rights standards in this area.

In concluding the meeting, the participants expressed their commitment to further strengthening regional cooperation, exchanging good practices, and promoting a human rights-based approach to managing migration policies throughout Europe.