Question juridique clé
Whether a non-smoker held in removal custody may remain detained if separate accommodation from smokers cannot be ensured.
Solution extraite
If separation from smokers cannot be ensured in the removal detention facility, the non-smoker must, on request, be transferred to another detention facility or released.
Motifs extraits
Detention conditions must allow the detainee's non-smoking status to be respected; if this cannot be guaranteed in the current facility, detention there is not permissible without an alternative transfer or release.