security and correctional facilities. The Committee is further concerned at the continued issuance of security-risk
certificates under the Immigration Act, which could lead to a breach of article 3 of the Convention, as the authorities
may remove or deport a person deemed to constitute a threat to national security, without having to give detailed
reasons or disclose classified information to the person concerned. The Committee is also concerned that the use of
classified information by the State party for purposes of detention of asylum-seekers and undocumented migrants
may result in a violation of their fundamental rights to due process, and may expose them to removal to countries
where they might be at risk of torture (arts. 2 and 3).
The State party should consider putting an end to the practice of detaining asylum-seekers and
undocumented migrants in low security and correctional facilities, and ensure that grounds upon
which asylum may be refused remain in compliance with international standards, especially the
1951 Convention relating to the Status of Refugees. Where there is a risk that a person may be subject
to torture if returned to his or her country of origin, the State party should undertake a thorough
assessment of his or her claim, in full compliance with the provisions of article 3 of the Convention.
The State party should also ensure, as indicated by the delegation, that the right of detained
asylum-seekers and undocumented migrants to habeas corpus and to an effective appeal is guaranteed
under the Immigration Bill.
Training of law enforcement personnel and immigration officials
(7)
The Committee notes that training on human rights obligations is provided for police recruits, prison
personnel and armed forces. It is however concerned at the insufficient training provided to immigration officials
and personnel employed at immigration detention centres (art. 10).
The State party should ensure that education and training of all immigration officials and personnel,
including medical personnel, employed at immigration detention centres, are conducted on a regular
basis. The State party should also continue to ensure adequate training for personnel to detect signs of
physical and psychological torture and ill-treatment of persons deprived of their liberty, and integrate
the Istanbul Protocol (Manual on the Effective Investigation and Documentation of Torture and Other
Cruel, Inhuman or Degrading Treatment and Punishment) in the training of all professionals involved
in the investigation and documentation of torture. In addition, the State party should continue to assess
the effectiveness and impact of all its training programmes on the prevention and protection from
torture and ill-treatment.
Juvenile justice
(8)
While welcoming the statement by the State Party whereby the Department of Corrections built four
specialist youth units in male prisons in 2005, the Committee is concerned that juvenile offenders are not
systematically separated from adult offenders, and in some cases, are still detained in police cells for several months.
Furthermore, the Committee is concerned at the low age of criminal responsibility, and at the fact that special
protection under the Children, Young Persons and their Families Act of 1989 is not accorded to all persons under 18
in conflict with the law. The Committee is also concerned that the State party has maintained its reservation to
article 37 (c) of the Committee on the Rights of the Child on the mixing of young and adult offenders (arts. 11
and 16).
The State party should:
(a)
Ensure the full implementation of juvenile justice standards as well the United Nations
Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules) and the
United Nations Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines), and
consequently raise the age of criminal responsibility in compliance with accepted international
standards;
(b)
Ensure that the Bill amending the Children, Young Persons and their Families Act of
1989 is adopted in order to ensure that all persons under 18 in conflict with the law are accorded
special protection;
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