CAT/C/NOR/CO/8
(j)
Provide redress and rehabilitation to persons subjected to abusive and
arbitrary non-consensual psychiatric treatment without procedural safeguards and
independent supervision.
Violence against women
23.
While taking note of the measures taken by the State party, the Committee is
concerned about acts or omissions with the consent or acquiescence of State agents in
connection with the high incidence of violence against women. In particular, it is concerned
that:
(a)
Section 291 of the Penal Code has not been amended with a view to placing
the lack of free consent at the centre of the definition of rape, while committing any sexual
act without consent is a crime under section 297, which carries a lighter sentence;
(b)
Reported ineffective or inappropriate investigations into rape cases, the low
number of criminal convictions for rape and the high ratio of acquittals for rape compared
with other violent crimes;
(c)
The incidence of violence, including sexual assault, against Sami women and
girls, as well as other vulnerable groups, such as children and older persons, and the
reported distrust of the Sami communities towards public authorities (arts. 2, 12, 13, 14 and
16).
24.
The State party should:
(a)
Amend section 291 of the Penal Code in order to ensure that the lack of
free consent is at the centre of the definition of rape, in compliance with international
standards and its obligations under the Istanbul Convention, so that rape cases falling
outside of the current narrow definition are not treated as a minor sexual offence and
closed as “no criminal act proven”;
(b)
Strengthen the capacity and training of the police, prosecutors and
judges to investigate and prosecute more effectively cases of violence against women,
including sexual violence, such as rape;
(c)
Investigate the root causes and develop an action plan aimed at the
prevention of, protection from and addressing violence, including sexual assault in the
Sami community in consultation with the Sami community, and enhance efforts to
build confidence in public authorities.
Situation of asylum-seeking minors
25.
The Committee is concerned that large numbers of unaccompanied minors seeking
asylum aged between 15 and 18 are missing from the designated reception centres, in
particular as they approach the age of 18, since most are given temporary permits that
expire when they reach that age and may face forced return to their countries of origin or
transit. It is also concerned that the quality of care provided to them is not equal to that
provided to children cared for by the child welfare services. The Committee is concerned
about the insufficient protection measures and the inconclusive investigations concerning
the missing minors as they are vulnerable to trafficking and crime (arts. 2, 11 and 16).
26.
The State party should ensure that unaccompanied asylum-seeking minors
aged between 15 and 18 are provided with the same quality of care that is given to
children cared for by the child welfare services, and strengthen their protection. It
should ensure the effective prevention of such cases in which young asylum seekers go
missing, as well as a thorough investigation when they occur, including an effective
police investigation and prosecution of cases of trafficking.
Situation in immigration detention facilities
27.
While taking note that the regulations of the Trandum Holding Centre have been
revised and of the establishment of additional immigration detention facilities, the
Committee is concerned about the treatment of asylum seekers there, including body
searches that have been described as humiliating as regards the dignity and integrity of
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