CAT/C/CHE/CO/7
reparation in the event of torture or ill-treatment as a result of decisions on
return or extradition, in accordance with article 14 of the Convention.
14. The Committee notes with concern that appeals against an expulsion decision do
not have suspensive effect and that return may be immediately enforceable und er
articles 64 (d) and 68, paragraph 4, of the Federal Foreign Nationals Act. The
Committee also finds it regrettable that the accelerated procedure for refusal of entry
at the airport under article 65 of the Federal Foreign Nationals Act has not yet been
amended to give an appeal suspensive effect and permit a thorough assessment of the
risk of violations of the principle of non-refoulement (art. 3).
In the light of its previous concluding observations (see CAT/C/CHE/CO/6, paras.
13 and 14), the Committee urges the State party to amend its legislation in order
to provide undocumented migrants with an effective judicial remedy with
automatic suspensive effect against expulsion decisions under articles 64, 64 (d),
65 and 68 of the Federal Foreign Nationals Act. The State party should also
ensure that the accelerated procedure under article 65 of the Federal Foreign
Nationals Act is subject to a thorough assessment on a case-by-case basis of the
risks of violations of the principle of non-refoulement.
15. While noting with satisfaction the draft amendment to the Asylum Act and the
fact that free legal assistance is granted to asylum seekers in some appeal procedures,
the Committee notes that, to date, free legal assistance has not been granted in initial
hearings, in appeals under the Dublin procedure, in reconsideration or review
procedures, or in the case of multiple applications (art. 3).
The Committee urges the State party to ensure that the revised Asylum Act
guarantees asylum seekers free access to a qualified, independent lawyer in all
initial proceedings and ordinary and extraordinary appeal proceedings.
Forced repatriation
16. The Committee welcomes the fact that, since July 2012, the National
Commission for the Prevention of Torture has supervised forced repatriation by air,
but notes that no provision is made for the Commission’s oversight of forced
repatriation by sea. The Committee also welcomes the fact that a medical support team
is provided and that sedatives are no longer used as a means of con straint. However,
the Committee remains concerned at the fact that inquiries into the case of Joseph
Ndukaku Chiakwa, who died while being removed in 2010, are still going on after
having been discontinued in 2012 and reopened in 2013 following an appeal b y his
relatives (arts. 12, 14 and 16).
The Committee urges the State party to continue guaranteeing the attendance of
observers from the National Commission for the Prevention of Torture at all
forcible removals of foreigners, including at removals by sea and on joint return
flights coordinated by the European Agency for the Management of Operational
Cooperation at the External Borders of the Member States of the European
Union, known as Frontex flights. The Committee encourages the State party to
ensure that non-consensual administration of medication does not occur during
repatriations and that the use of force during transfers is never unwarranted or
disproportionate. The Committee urges the State party to speed up proceedings
with regard to the death of Joseph Ndukaku Chiakwa.
Administrative detention of undocumented migrants
17. While noting that minors account for only 2 per cent of cases of administrative
detention of migrants, the Committee remains concerned that the maximum period of
administrative detention for children aged 15-18 is still 12 months. The Committee
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