CAT/C/MDV/CO/1 Corporal punishment of children 41. The Committee is concerned that the corporal punishment of children is allowed in all settings, including the home, provided that the force “does not create a substantial risk of causing death, serious bodily injury, extreme or unnecessary pain or mental distress, or humiliation” and that the State party has reportedly not taken adequate measures to protect children. It is also concerned that the Domestic Violence Act and the Family Act do not prohibit corporal punishment (arts. 2 and 16). 42. The State party should: (a) Explicitly prohibit in law the corporal punishment of children in all settings, including in the home, alternative care settings, day-care settings, schools and penal institutions, through acts or omissions by State agents and others who engage the State’s responsibility under the Convention, as a sentence for a crime or for disciplinary purposes, and ensure that it is not applied under sharia law; (b) Ensure the abolition of flogging of children; (c) Conduct public awareness-raising campaigns about the harmful effects of corporal punishment; (d) Promote positive non-violent forms of discipline as an alternative to corporal punishment. Non-refoulement 43. While noting that section 42 of the Anti-Torture Act incorporates article 3 of the Convention into the domestic legislative framework, the Committee reiterates its concern at reports that the principle of non-refoulement is not honoured in practice (art. 3). 44. The State party should: (a) Comply with its obligation not to expel, return or extradite a person to another State where there is substantial evidence to believe the person would be in danger of being subjected to torture; (b) Ensure that decisions concerning expulsion or deportation are subjected to judicial review and are reviewed on an individual basis; (c) Provide for the right of persons concerned to effective judicial remedy, including the possibility to appeal the decision, and ensure that the appeal has suspensive effect; (d) resort; Detain persons who may be subject to expulsion only as a measure of last (e) In its next report, provide the Committee with information on the number of persons who have been expelled, extradited or deported, and to which countries, on the number of cases where decisions to expel a person have been overturned or quashed by judicial authorities applying the principle of nonrefoulement and on other measures taken to ensure the application of the nonrefoulement principle in practice. Training 45. The Committee is concerned at reports that in the past, officials in the State party used a “book on punishment” (adhabu foiy), detailing specific methods of torture. While noting the delegation’s statement that there is no record of any State-sanctioned book on punishment techniques at the current time, the Committee remains concerned that specific training and instruction on the provisions of the Convention, and in particular the absolute prohibition of torture, is not part of the training of public officials, such as police and law enforcement officers, investigators, judicial personnel, military officers and prison staff, and that there is no vetting system in relation to past abuses. 10