permissible period of deprivation of liberty by the police for identification purposes from 12 to 24 hours.
Furthermore, an accused person may be held in detention for five days under a reasoned decree adopted by an
investigating judge before being allowed to contact an attorney (arts. 2, 13 and 16).
The State party should take effective measures to ensure that the fundamental legal safeguards for
persons detained by the police are respected. The State party should reduce the maximum period
during which a person may be held in custody following arrest on a criminal charge, even in
exceptional circumstances, to less than the present five days. Furthermore, the State party should
ensure that persons in police custody benefit from an effective right of access to a lawyer, as from the
very outset of their deprivation of liberty.
National human rights institution
(8)
The Committee notes that the State party has not yet established a national human rights institution.
However, it takes note of the approval of the Chamber of Deputies on 4 April 2007 of Senate Act No. 1463 on the
establishment of a national institution for the protection of human rights, including a Guarantor for the rights of
detainees (art. 2).
The State party should proceed with the establishment of an independent national human rights
institution, in accordance with the principles relating to the status of national institutions for the
promotion and protection of human rights (the Paris Principles), annexed to General Assembly
resolution 48/134. In this respect, the State party is encouraged to promptly adopt the necessary
legislation.
Detention of asylum-seekers and non-citizens
(9)
The Committee is concerned at the detention policy applied to asylum-seekers and other non-citizens,
including reports that they often face lengthy periods of detention in the Temporary Detention Centres (CPTs) and
the “temporary stay and assistance centres” (CPTAs). In this respect, the Committee regrets the change in the
legislative framework resulting from Law No. 189/2002 (the “Bossi-Fini law”) which permits the detention of
undocumented migrants and doubles the detention period (from 30 to 60 days) (arts. 2, 11 and 16).
The State party should take effective measures to ensure that detention of asylum-seekers and other
non-citizens is used only in exceptional circumstances or as a measure of last resort, and then only for
the shortest possible time. The State party should also ensure that courts carry out a more effective
judicial review of the detention of these groups.
Access to a fair and prompt asylum procedure
(10) The Committee welcomes the new draft law on asylum (NO. C. 2410) which was submitted to the Chamber
of Deputies on 19 March 2007, and it notes with appreciation the statement by the State party’s delegation that the
adoption of a comprehensive legislation on political asylum is under due consideration. However, the Committee is
concerned that some asylum-seekers may have been denied the right to apply for asylum and to have their asylum
claim assessed individually in a fair and satisfactory procedure (arts. 2 and 16).
The State party should adopt appropriate measures to ensure that all asylum-seekers have access to a
fair and prompt asylum procedure. In this respect, the Committee recalls the obligation of the State
party to ensure that the situation of each migrant is processed individually, and the Committee further
recommends that the State party proceed with the adoption of a comprehensive legislation on political
asylum.
Non-refoulement
(11) The Committee notes with concern that individuals may not have been able, in all cases, to enjoy full
protection under the relevant articles of the Convention in relation to expulsion, return or deportation to another
country. The Committee is particularly concerned at reports of forcible and collective expulsions from the island of
Lampedusa to Libya of persons not of Libyan origin (arts. 3 and 16).
53
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