A/65/44
The State party should take urgent and effective measures to establish a fully
independent complaint mechanism, should ensure prompt, impartial and full
investigations into the many allegations of torture and should prosecute alleged
perpetrators and punish them, as appropriate. The State party should ensure in
practice that complainants are protected against any ill-treatment or intimidation as a
consequence of his/her complaint or any evidence given. The Committee requests the
State party to provide information, including statistics, on the number of complaints
filed against public officials on torture and ill-treatment, as well as information about
the results of the proceedings, at both the penal and disciplinary levels.
Refugees and asylum-seekers
(17) While noting with appreciation the State party’s generous policy to admit and grant
permission to stay to a significant number of nationals from Iraq and the Occupied
Palestinian Territories, the Committee is concerned at the absence in the State party of a
national procedure for the determination of refugee status and that the national legislation
on aliens does not recognize any special status attributed by the Office of the United
Nations High Commissioner for Refugees (UNHCR). The Committee notes with concern
that the State party has not acceded to the Convention relating to the Status of Refugees
(1951) and the Optional Protocol (1967) thereto, nor to the Convention relating to the
Status of Stateless Persons (1954) or to the Convention on the Reduction of Statelessness
(1961) (arts. 2, 3, 11 and 16).
The State party should establish a national procedure for determination of refugee
status and amend its national legislation to recognize special status attributed by
UNHCR. The Committee recommends that the State party consider becoming party
to the Refugee Convention, the Optional Protocol thereto and other related
international legal instruments.
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).
132
GE.10-44721
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