CAT/C/BIH/CO/2-5
domestic violence for law enforcement personnel, judges, lawyers and social
workers who are in direct contact with the victims as well as for the public at
large.
Refoulement
14.
Notwithstanding article 91 of the Law on Movement and Stay of Aliens and Asylum
with regard to the principle of prohibition of return (CAT/C/BIH/2-5, para. 76), the
Committee remains concerned at reports that the competent authorities of Bosnia and
Herzegovina have failed to properly assess the risk of refoulement faced by those who
apply for international protection and that persons considered to be a threat to national
security are subject to being expelled or returned to another State where there are
substantial grounds for believing that they would be in danger of being subjected to torture.
It is also concerned at the very low rate of successful asylum applications (art. 3).
The State party should:
(a)
Ensure (i) procedural safeguards against refoulement and (ii)
effective remedies with respect to refoulement claims in removal proceedings,
including review by an independent judicial body concerning rejections;
(b)
Ensure that a thorough review of each individual case is provided
for asylum claims and that persons whose applications for asylum have been
rejected can lodge an effective appeal with the effect of suspending the
execution of the decision on the expulsion or deportation;
(c)
Revise its current procedures and practices in the area of
expulsion, refoulement and extradition and align its interpretation of key
concepts of domestic asylum law fully with international refugee law and
human rights standards;
(d)
Continue to follow up on and keep the Committee informed of the
case of the citizen of Bosnia and Herzegovina who remains in detention in
Guantanamo Bay military base;
(e)
Ensure that national security considerations do not undermine the
principle of non-refoulement and that the State party fulfil its obligations to
respect the principle of absolute prohibition of torture in all circumstances, in
accordance with article 3 of the Convention.
15.
With regard to individuals whose citizenship has been revoked by the State
Commission for Revision of Decisions on the Naturalization of Foreign Nationals and who
consequently are detained in the deportation centre, the Committee takes note of the State
party’s report claiming that legal rights to judicial protection had been provided for them.
However, noting the concerns expressed by several international bodies, the Committee
remains concerned that reported cases on the prolonged detention in inadequate conditions
of those individuals and the denial of their right to effectively challenge the decisions to
revoke their citizenship, detain and deport them have not been fully clarified (arts. 3 and
16).
The State party should revise its practice regarding the prolonged detention of
those individuals and fully respect their right to effectively challenge the
decisions to revoke their citizenship, detain and deport them. Furthermore, the
State party should guarantee key principles related to a fair and efficient
asylum procedure, including adequate translation and interpretation services,
free legal aid and access of applicants to their case file.
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