Summary

In this report, the Working Group examines the use of private security companies in places of deprivation of liberty, with attention given to the resulting impact on human rights. The report highlights that the profit motives of private security operators often override human rights considerations, leading to situations in which human rights violations are likely to be committed with impunity against those deprived of their liberty, with little or no recourse to effective remedies for victims.
The report analyses: the relevant legal framework (part I); the growth of privatization of inherent State functions, in particular as it relates to prisons and detention facilities (part II); the human rights costs of privatization of deprivation of liberty, including in immigration-related detention (part III); as well as the challenges related to accountability and remedies (part IV).

The report concludes that outsourcing of security services by States creates a great risk of human rights abuses, including impediments to accountability and remedy for victims, and calls for an end to this practice. It notes the importance of exercising due diligence by both States and private security companies to safeguard against potential human rights violations, and provides recommendations for both sets of actors.