CAT/OP/MKD/1
the absence of a clear understanding of their legal status may push some migrants back into
the hands of smugglers.
64.
The Subcommittee recommends that the State party ensure that migrants have
access to legal assistance and information about their personal situation in an
accessible manner and in a language they understand. They should also be effectively
informed about the support and other services available to them.
65.
The Subcommittee noted that basic renovation was being carried out at the Gazi
Baba reception centre at the time of the visit and that the State party intends to close it
down once a new reception centre has been built. In its current state, the Subcommittee
notes that it is currently wholly unsuited to house migrants, given its poor material
conditions, lack of activities, limited outdoor space and the closed nature of the centre. The
Subcommittee was surprised to note that while only one migrant appeared to be
accommodated at the centre at the time of the visit, he was accommodated in one of the
least comfortable rooms, which has not yet been renovated.
66.
The Subcommittee recommends that the State party not use Gazi Baba as a
reception centre for migrants in its current state, in particular not for migrant
families or unaccompanied children.
VII. National preventive mechanism
67. Further to the ratification of the Optional Protocol to the Convention against Torture,
in February 2009, the Ombudsman was designated as the national preventive mechanism by
virtue of Law No. 07-5829/1 on ratification of the Optional Protocol to the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which
led to the creation of the national preventive mechanism department within the Office of
the Ombudsman. 10 The Subcommittee notes approvingly that the mechanism regularly
conducts visits to places of detention, many of them unannounced, and has published a
number of reports containing recommendations to the relevant authorities for improving the
situation in the places visited.
68.
The Subcommittee acknowledges the good work it carries out, despite the lack of
resources limiting its scope and operations. The Subcommittee is concerned that the
designation of the Ombudsman as the national preventive mechanism has not been
accompanied by the allocation of sufficient additional resources, including human resources,
contrary to article 18 (3) of the Optional Protocol. Only one core staff member is employed
to perform the tasks related to the mandate. As acknowledged by the mechanism itself, lack
of resources prevents it from effectively and efficiently carrying out its functions.
69.
The Subcommittee notes that the mechanism benefits from relationships with
international donors that have enabled it to increase its capacity, in particular in the midst of
migration inflows. It also observes that the mechanism regularly involves and engages civil
society actors and external experts in its visits and activities. While this type of
collaboration is welcomed, the Subcommittee is concerned that the autonomy of the
mechanism may be compromised if it must rely on international donors to function fully.
70.
The Subcommittee recommends that the State party allocate, as a matter of
priority, and in consultation with the national preventive mechanism, the financial
resources it needs, as required under article 18 (3) of the Optional Protocol, the
Subcommittee’s guidelines for such mechanisms (see CAT/OP/12/5, para. 11) and as
set out in the national preventive mechanism assessment matrix. 11 The Subcommittee
recommends that this funding be provided through a separate line in the national
annual budget, referring specifically to the national preventive mechanism (see
CAT/C/57/4, annex, para. 12).
10
11
14
See the Law on supplementing and amending the Law on the Ombudsman, Official Gazette No. 114,
14 September 2009.
Available from www.ohchr.org/EN/HRBodies/OPCAT/Pages/Documents.aspx.
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