CAT/C/IRQ/CO/1 (e) Repeal mitigating and exculpatory provisions in the Penal Code about rape and “honour” crimes (arts. 128, 130, 131 and 149), and act promptly to end impunity for rape and gender-based violence; (f) Provide mandatory training on the prosecution of cases of gender-based violence for law enforcement and judicial officers, and facilitate victims’ access to justice. It should also conduct public awareness-raising activities to change prejudicial attitudes towards women. Violence against individuals on grounds of their real or perceived sexual orientation or gender identity 25. The Committee is concerned at reliable reports of attacks, some of which have resulted in deaths, against individuals perpetrated on grounds of their real or perceived sexual orientation or gender identity. According to the information before the Committee, these attacks occur regularly and with impunity. The Committee appreciates the State party’s creation of a governmental commission for the rights of lesbian, gay, bisexual and transgender persons, but regrets the lack of information as to its concrete activities. It is also concerned by the report of the United Nations Assistance Mission for Iraq on human rights in Iraq issued in October 2012 (pp. 15-16) and other reports regarding the murder of young Iraqi “emos” (a teen subculture) on account of their identity (arts. 2, 4, 14 and 16). The State party should take effective measures to prevent violence based on real or perceived sexual orientation and gender identity and ensure that all acts of violence are investigated and prosecuted promptly, effectively and impartially, perpetrators brought to justice and victims provided redress. Refugees, non-refoulement 26. While taking note of the delegation’s statement that the principle of non-refoulement is being applied practically, the Committee remains concerned at reports of inconsistent border policies. In this regard, it notes with concern that the existing legislation is inadequate for refugee protection. The Committee also takes note of the delegation’s assurance that no attempts have been undertaken by the Iraqi authorities to expel former residents of Camp Ashraf, now temporarily located in the Camp Hurriya temporary transit location. Lastly, it regrets the lack of information provided by the State party on the number of cases in which refoulement, extradition and expulsion were carried out during the reporting period and on the number of instances in which it has not expelled persons in danger of being torture in the country of return (art. 3). The Committee recommends that the State party: (a) Strengthen its domestic legislative framework by adopting a comprehensive law on asylum consistent with international standards and in accordance with article 3 of the Convention; (b) Ensure procedural safeguards against refoulement and effective remedies with respect to refoulement claims in removal proceedings, including review by an independent judicial body concerning rejections; (c) Scrupulously respect the memorandum of understanding signed on 25 December 2011 with the United Nations, which explicitly recognizes that the former residents of Camp Ashraf benefit from the principle of non-refoulement. The Committee encourages the State party to consider ratifying the Convention relating to the Status of Refugees, the Protocol relating to the Status of Refugees, the Convention relating to the Status of Stateless Persons and the Convention on the Reduction of Statelessness. 8

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