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

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