CAT/C/LUX/CO/6-7
danger or security risks are not provided adequate resources in the interim and, as such,
disappear and become irregular migrants (art. 11).
The State party should take the legislative and administrative measures necessary to
ensure that persons whose asylum claims have been rejected but who cannot return to
their country of origin for reasons beyond their control are provided with adequate
social services and benefits until their return is feasible, and that such persons do not
become irregular migrants.
Conditions of detention
10.
While the Committee commends the State party for its efforts in and success at
avoiding prison overcrowding and for its adoption of the law of 24 July 2014 authorizing
the construction of a new prison centre, it is concerned that certain detention conditions, in
particular the size and sanitary conditions of some detention cells in police stations, fail to
meet international standards, as revealed in the Ombudsman’s report of February 2011 on
this subject (arts. 11 and 16).
The State party should ensure that all detention conditions are in complete conformity
with international standards and take into account that the conditions of prison cells
can place additional stress upon persons being detained. In this regard, the State
party should:
(a)
Increase the size of the cells used to detain persons for short periods of
time prior to interrogation by the police, which, as reported by the State party,
currently measure only two square meters;
(b)
Place mattresses in “24-hour holding cells”;
(c)
Equip prison cells with toilets or provide all detained persons with access
to sanitation facilities at all times.
Denial of medical treatment to persons deprived of their liberty
11.
The Committee is concerned at reports that prisoners have been denied access to
external medical care, even when such care was requested by a doctor (arts. 11 and 16).
The State party should ensure that persons deprived of their liberty are guaranteed
access to necessary medical treatment, including external medical care.
Racist and xenophobic acts against foreign detainees
12.
The Committee notes with concern reports of cases of racist and xenophobic acts by
some law enforcement and prison personnel against foreign detainees (arts. 12, 13, 14
and 16).
The State party should take all measures necessary to prohibit and punish
discrimination and incitement to violence against vulnerable groups and ensure that
offences motivated by hate are always investigated and prosecuted and that the
perpetrators are convicted and punished.
Juvenile justice
13.
The Committee is concerned about the delay in the opening and operation of the
Dreiborn closed security unit for minors, which is attributable to delays in the adoption of
relevant legislative texts. It is also concerned that minors aged 16 and 18 may, at the
discretion of the judge, be brought before ordinary courts and tried as adults for particularly
serious offences (arts. 11 and 16).
3