CAT/C/BEL/CO/3
Expulsions
20.
While taking note of the information provided by the State party about the
supervision of expulsions by the Inspectorate-General of the Federal and Local Police
(AIG), the Committee remains concerned that this body may lack the human and financial
resources it would need to carry out its mandate. It is also concerned by reports that the
staff involved in expulsions are actually police officers on secondment. Moreover, the
Committee is concerned by reports that excessive means of restraint are used during
expulsions, which stands in contrast with the small number of complaints received by AIG.
The Committee also regrets that non-governmental organizations (NGOs) still have only
limited access to expulsion operations and that oversight mechanisms, such as video
recordings, have not yet been set up (art. 3).
The Committee requests the State party to take the necessary measures to strengthen
the independence, impartiality and efficiency of AIG, in particular by providing it
with appropriate means to monitor expulsions and by giving it the necessary means to
receive and consider complaints. The Committee reiterates its previous
recommendation (CAT/C/BEL/CO/2, para. 6) and requests the State party to take
measures to enhance oversight, such as the use of video recordings and monitoring by
NGOs. The Committee recommends that the State party take effective measures to
restrict the use of means of restraint during expulsion operations.
Administrative detention of asylum seekers
21.
The Committee commends the State party for its efforts in respect of asylum and
refugees, which have included the use of alternatives to detention for families with children
who are seeking asylum. However, the Committee remains concerned by reports that, as a
result of the application of the Dublin II Regulation, asylum seekers are systematically
detained for the entire duration of the asylum procedure and by the information provided by
the State party during the dialogue, according to which, asylum seekers may be deprived of
their liberty for as long as 9 months in such cases (arts. 11 and 16).
The Committee urges the State party to ensure that the detention of asylum seekers is
used only as a last resort and, where necessary, for as short a period as possible and
without excessive restrictions. It also urges the State party to establish and use
arrangements other than the detention of asylum seekers.
Non-refoulement and the risk of torture
22.
The Committee is concerned by the fact that the State party’s existing extradition
and refoulement procedures make it possible to extradite a person who is at risk of being
tortured if the State party has obtained diplomatic assurances (art. 3).
The Committee recalls its position that States parties may in no circumstances rely on
diplomatic assurances rather than observing the principle of non-refoulement, which
may alone serve as a guarantee of adequate protection against the risk of torture or
ill-treatment when there are substantial grounds for believing that a person would be
in danger of being subjected to torture. In order to determine the applicability of the
obligations it has assumed under article 3 of the Convention, the State party should
thoroughly examine the merits of each individual case, including the overall situation
with regard to torture in the country concerned.
Measures of redress and compensation for victims of torture or ill-treatment
23.
The Committee is concerned about the lack of information on the number of claims
for compensation made by victims of acts of torture or ill-treatment and on the
compensation awarded to victims. The Committee also regrets the absence of information
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