CAT/C/CR/34/CHE
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(c)
Take measures to ensure that a finding of this Committee of a violation of
article 3 be considered as sufficient grounds to review a case;
(d)
Ensure compliance with the requirements of article 3, including the proper test of
proof, or the risk of torture, when determining whether to expel, return or extradite a person to
another State;
(e)
Take measures to compile, at national level, disaggregated data relating to the
cases of alleged torture or ill-treatment, in particular in the context of the application of the law
on asylum and the law on foreigners, as well as to the outcomes of any investigations and
prosecutions that might be pursued;
(f)
Ensure that all complaints for acts of ill-treatment are properly and effectively
investigated and that the alleged perpetrators are prosecuted and if found guilty sanctioned
accordingly. Victims and their families should be informed of their right to pursue compensation
and procedures should be made more transparent. In this regard, the State party should provide
written information to the Committee on the steps taken to compensate the families of the
two victims of the two recent cases of death caused during forcible deportation;
(g)
Encourage all cantons to establish independent mechanisms entrusted to receive
complaints against members of the police regarding cases of torture or ill-treatment;
(h)
Ensure that asylum-seekers are granted full respect of their right to a fair hearing,
to an effective remedy and to social and economic rights during all procedures established by the
revised law on asylum;
(i)
Take measures to effectively inform all asylum-seekers retained at airports of all
their rights, and in particular the right to regularly access fresh air and access to a doctor;
(j)
Inform the Committee whether there have been complaints in the State party
against the use of “diplomatic assurances” as a way to circumvent the absolute prohibition of
non-refoulement established in article 3 of the Convention;
(k)
Continue to contribute to the United Nations Voluntary Fund for the Victims of
Torture, as the State party has done since 1984.
6.
The Committee recommends that the State party disseminate widely the Committee’s
conclusions and recommendations, in appropriate languages, through official web sites, the
media and non-governmental organizations.
7.
The Committee requests the State party to provide, within one year, information on its
response to the Committee’s recommendations contained in paragraphs 5 (b), (f), (g) and (i)
above.
8.
The State party is invited to submit its next periodic report, which will be considered as
the combined fifth and sixth report, by 25 June 2008, the due date of the sixth periodic report.
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