A/65/44 these training programmes and the lack of available information on the impact of the training conducted and how effective they have been in reducing incidents of torture and ill-treatment (art. 10). The State party should: Continue preparing and implementing training programmes to ensure that judges, prosecutors, law enforcement officials and prison officers are fully aware of the provisions of the Convention, that breaches will not be tolerated and will be investigated, and that offenders will be prosecuted; Ensure that all relevant personnel receive specific training on the Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Istanbul Protocol); Develop and implement a methodology to assess the effectiveness and impact of such training and educational programmes on the reduction of cases of torture and illtreatment. Conditions of detention (16) The Committee is concerned at the detention policy applied to asylum-seekers, including reports that they are held in police detention centres for criminal and administrative offenders (Polizeianhaltezentrum – PAZ), in some cases confined in their cells for 23 hours a day, only allowed visits under closed conditions and without access to qualified medical care or legal aid. In this respect, the Committee regrets the change in the legislative framework resulting from the last reform of the Asylum Law and Aliens Police Act, which entered into force on 1 January 2006. Under the new article 76, paragraph 2a, of the Aliens Police Act, detention of asylum-seekers whose claims have not been finally decided or were only rejected on procedural grounds has, in certain circumstances, become mandatory, where found necessary to achieve expulsion (art. 11). In line with the concerns expressed by other relevant international and regional human rights bodies, the State party should: (a) Ensure that detention of asylum-seekers is used only in exceptional circumstances or as a measure of last resort; (b) Consider alternatives to detention and end the practice of detaining asylum-seekers in police holding centres; (c) Take immediate and effective measures to ensure that asylum-seekers who are detained pending deportation are held in detention centres specifically designed for that purpose, offering material conditions and a regime appropriate to their legal status; (d) Ensure that asylum-seekers have full access to free and qualified legal counselling, adequate medical services, occupational activities and the right to receive visits. (17) While noting the measures taken by the State party to improve living conditions in detention centres, including various legislative measures (the so-called “Haftenlastungspaket”) to reduce the waiting period for conditional release and the grounds for detention on remand, the Committee is concerned that there is continuing overcrowding in places of detention, in particular Josefstadt and Simmerig II prisons in Vienna, as well as understaffing problems. The Committee is also concerned about the reintroduction in June 2009 of the use of electro-muscular disruption devices, “Tasers”, in the penal service (arts. 2, 11 and 16). GE.10-44721 77

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