CAT/C/CPV/CO/1 (f) Ensure that prisoners have genuine access to a means of filing a complaint with an independent body regarding their conditions of detention and/or ill-treatment and that impartial, independent investigations into such complaints are promptly carried out. The State party should provide the Committee with the number of complaints it received of prison-related violence and the outcome of those complaints; (g) Ensure at all times the separation in detention facilities of juveniles from adults and accused persons from convicts, as recommended by the Human Rights Committee. National Commission for Human Rights and Citizenship 26. While welcoming the establishment of the National Commission for Human Rights and Citizenship in 2004 and the plans to amend its statute with a view to increasing its autonomy and independence, the Committee is concerned that, at present, the Commission is not yet compliant with the principles relating to the status of national institutions for the promotion and protection of human rights (the Paris Principles) and does not have sufficient funds to fully discharge its mandate. The Committee regrets the lack of specific information, owing to the absence of a State party report, concerning the Commission’s access to all places of detention and the implementation of the Commission’s recommendations by the national authorities. While welcoming the recent ratification of the Optional Protocol to the Convention (see para. 5 (l) above) and the objective of including the establishment of a national preventive mechanism in the Commission’s Second Action Plan for Human Rights and Citizenship, the Committee regrets the lack of information regarding the timeline for the creation of such a mechanism (art. 2). 27. The Committee recommends that the State party accelerate the review process of the statute of the National Commission for Human Rights and Citizenship in order to reinforce its independence, resources and infrastructure and enable it to fully execute its mandate, in accordance with the Paris Principles. The State party should also speed up the creation of a national preventive mechanism and ensure that it has the necessary resources to fulfil its mandate independently and effectively throughout its territory, in accordance with the Optional Protocol to the Convention and the guidelines on national preventive mechanisms (see CAT/OP/12/5, paras. 7, 8 and 16). The State party should provide the Committee with information regarding the timeline for the adoption of the new statute of the National Commission for Human Rights and Citizenship and the creation of the national preventive mechanism and information on the implementation of the recommendations of the Commission and other monitoring organizations by the national authorities. Non-refoulement 28. While welcoming the recognition of the non-refoulement principle with regard to extraditions in article 38 of the Constitution and noting the judicial review of the extradition warrant before the Supreme Court, the Committee regrets the lack of information, owing to the absence of a State party report, with regard to the enforcement of this protection in practice. With regard to the right of asylum, the Committee notes with concern that neither the Constitution nor Law No. 99/V/99 on the legal regime of asylum and refugee status include the risk of being subjected to torture in the country of destination as a reason for granting protection. Furthermore, the Committee expresses concern at the absence of an institutional framework for an asylum determination procedure. The assessment of asylum applications is currently carried out by the Office of the United Nations High Commissioner for Refugees (UNHCR). Although the number of asylum applications registered so far is low, the Committee shares the concern of UNHCR that the actual 8

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