CAT/C/LIE/CO/3
Non-refoulement, rights of refuges and asylum-seekers
14.
The Committee notes the significant increase in the number of asylum applications
in the State party during recent years, from an annual average of 66 applications (2004–
2008) to 294 applicants in 2009. The Committee is particularly concerned about
information received that asylum-seekers may not always have an opportunity to have their
claim examined in substance. In this respect, the Committee notes with particular concern
that the majority of asylum applications rejected, or otherwise closed, in 2009 concern two
States where the risk of torture or other forms of ill-treatment can be considered substantial.
The Committee is also concerned at reports that Government officials exert pressure on
asylum-seekers to leave voluntarily the State party, including by offering monetary rewards
(art. 3).
15.
Noting that “preventive expulsion” to a “safe third country” is contingent, inter alia,
on that State’s treaty obligation to consider the asylum request and the principle of nonrefoulement, the Committee is concerned at reports that not all persons that have applied for
asylum in Liechtenstein have had the opportunity to apply for asylum in the third State
concerned (usually Switzerland and Austria), thus leaving such persons without sufficient
safeguards against refoulement. In this respect, the Committee notes with concern the very
short time period (24 hours) within which asylum-seekers “under preventive expulsion”
may submit a request for restoration of the suspensive effect to competent authorities (art.
3).
In order to fulfil its obligations under article 3 of the Convention, the Committee
recommends that the State party:
(a)
Ensure a substantive assessment and review on the merits of all asylum
applications, including those submitted in 2009;
(b)
Increase the time limit within which asylum-seekers under “preventive
expulsion” may apply for restoration of the suspensive effect of the order and also
guarantees their right to a proper hearing before the Administrative Court in cases of
appeals on rejected requests for suspensive effect so as to ensure that those who are
returned to “safe third countries” pursuant to “preventive expulsion” are guaranteed
access to the asylum procedure in these States;
(c)
Investigate allegations of payments by Government officials to asylumseekers to persuade them to leave the State party in order to avoid having to
undertake an in-depth assessment of the respective asylum application;
(d)
Establish an effective data collection system which identifies: (i) the
grounds for asylum requests, including requests that were based on the applicant’s
fear of being subjected to torture or other forms of ill-treatment, and the number of
approved requests in those cases; (ii) the number and outcome of appeals of rejected
requests; and (iii) the number of approved asylum and long-term resident requests
that were granted on the basis of the Convention.
16.
While noting information from the State party that asylum-seekers are detained
while undergoing deportation proceedings if they absconded in another country during
pending proceedings and/or if they claim a false identity, the Committee is concerned at
information that asylum-seekers have been held in detention solely on the basis of their
illegal entry into the State party. While appreciating information that asylum-seekers held
in administrative detention are offered legal counsel by the State party free of charge, the
Committee is concerned at information received that such persons have had difficulties in
contacting a lawyer and receiving legal aid (arts. 3, 11 and 16).
The State party should ensure that detention of asylum-seekers is only used as a last
resort for as short a time as possible in accordance with article 31 of the 1951
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