CAT/C/SYR/CO/1
Non-refoulement
18.
The Committee is seriously concerned by the numerous reports of expulsion, return
or deportation, including several cases concerning recognized refugees or asylum-seekers
registered with UNHCR, in violation of the non-refoulement principle contained in article 3
of the Convention. The Committee is further concerned at reports that the participation of
the Syrian Arab Republic in the so-called “war on terror” has resulted in secret detentions
and renditions of terrorism suspects, in breach of the principle of non-refoulement (art. 3).
The State party should formulate, adopt into its domestic law and effectively
implement legal provisions in line with article 3 of the Convention, including
guaranteed fair treatment at all stages of the proceedings and an opportunity for
effective, independent and impartial review of decisions on expulsion, return or
extradition. Under no circumstances should the State party expel, return or extradite
a person to a State where there are substantial grounds for believing that he would be
in danger of being subjected to torture or ill-treatment. Furthermore, the State party
should ensure protection from refoulement, including by refraining from expelling or
forcibly returning persons who hold a UNHCR Refugee Certificate or Asylum Seeker
Certificate. Furthermore, the State party should establish an independent
investigation to follow up on allegations of its involvement in “extraordinary
renditions” and inform the Committee of the outcome of such investigation in its next
periodic report.
19.
The Committee is further concerned about the continued administrative detention,
for indefinite – and thus arbitrary – periods of time, of Iranian nationals of Arab (Ahwazi)
ethnic descent pending deportation (art. 3).
The State party should provide information on the situation of Iranian nationals of
Arab (Ahwazi) ethnic descent and measures taken to ensure their protection against
refoulement.
Training
20.
The Committee takes note of the information on trainings, seminars and courses on
human rights for police officers included in the State report and provided during the oral
presentation. However, the Committee regrets that there was sparse and inadequate
information on training programmes for security and intelligence personnel, as well as for
judges, prosecutors, forensic doctors and medical personnel dealing with detained persons,
on the provisions of the Convention and on how to detect and document physical and
psychological sequelae of torture. The Committee also regrets the lack of information on
monitoring and evaluation of the impact of any of its training programmes in reducing
incidents of torture and ill-treatment (art. 10).
The State party should further develop and strengthen educational programmes to
ensure that all officials, including law enforcement, security, intelligence and prison
officials, are fully aware of the provisions of the Convention, that breaches of the
Convention will not be tolerated and will be promptly and effectively investigated, and
that offenders will be prosecuted. Furthermore, all relevant personnel, including
medical personnel, should receive specific training on how to identify signs of torture
and ill-treatment, including training on the use of the Manual on the Effective
Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment (Istanbul Protocol), which should be utilized effectively. In
addition, the State party should assess the effectiveness and impact of such
training/educational programmes.
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