A/65/44 (b) Provide also for their participation in the drafting by the Federal Office for Migration of orders on the use of coercive measures by police escorts during forcible returns; (c) Prevent police violence and mistreatment against persons being forcibly repatriated by air, open inquiries into any such allegations, prosecute and punish perpetrators, and compensate victims; (d) Continue training in human rights and, especially, in Convention safeguards of police and other officials who carry out forcible repatriation. (16) The Committee is most concerned by the death of a Nigerian citizen, Joseph Ndukaku Chiakwa, on 10 March 2010, when he was being forcibly repatriated by air. While noting that the authorities of the State party have opened an inquiry, the Committee is concerned about whether the coercive measures applied by the State party are compatible with the provisions of the Convention. The Committee is also concerned by the failure of the State party to respond to claims for compensation from the families of the two latest victims in recent cases of forced repatriation (arts. 2, 3 and 14). The State party must: (a) Open an independent and impartial inquiry into the circumstances of the death of Joseph Ndukaku Chiakwa, establish who was responsible for the use of force that led to his death, prosecute and punish the perpetrators and offer compensation to the victim’s family; (b) Provide the Committee with details of the compensation made to the families of the two latest victims of forcible repatriation by air; (c) Inform the Committee as to whether the order on the use of coercive measures by police escorts during forcible returns currently being drafted by the Federal Office for Migration is in accordance with the State party’s international obligations, particularly the Convention against Torture. Conditions of detention (17) The Committee takes note of information provided by the State party regarding its efforts to create more dignified and more secure conditions for detainees, including the construction in 2008 of the detention centre of La Brenaz, and plans to expand capacity at the Champ Dollon and La Brenaz prisons. However, the Committee notes with concern the acute overcrowding of the Champ Dollon prison, that conditions in Swiss prisons, especially in the French-speaking cantons, are inadequate and that the separation of adults and minors is not always guaranteed. Moreover, the Committee is concerned by the state of health and access to decent health care of detainees, especially those with psychiatric disorders and, above all, those housed in the Frambois holding centre (arts. 11 and 16). The State party must act immediately to deal with the problem of overcrowding in the Champ Dollon prison and to improve conditions in all Swiss prisons. The Committee urges the State party to make use of alternative and non-custodial sentences and to reduce pretrial detention periods. The State party must also take measures to ensure that minors and adults, as well as detainees serving under different prison regimes, are separated. Finally, it must take steps to ensure the application of legislation and procedures concerning health-care access for all prisoners, especially those with psychiatric problems. (18) The Committee takes note of information supplied by the State party on life imprisonment procedures. However, the Committee remains concerned that article 123a of the Constitution, specified in the Act of 1 August 2008, allows imprisonment for life of dangerous or sexual offenders considered to be non-reformable. The Committee is, in this 124 GE.10-44721

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