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
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