CAT/C/USA/CO/3-5
has a high probability of creating a psychotic-like state in the detainee,2 which raises
concerns of torture and ill-treatment.
Asylum protection requests at the south-western border
18.
The Committee is concerned by the expansion of expedited removal procedures,
which do not adequately take into account the special circumstances of asylum seekers and
other persons in need of international protection. It is also concerned by a growing number
of reports that United States Customs and Border Protection and other United States
immigration agencies fail to identify and refer many of the individuals facing expedited
removal for an asylum-screening interview. Furthermore, persons subject to expedited
removal proceedings may be detained until they are removed from the United States. The
Committee also notes with concern that the United States Citizenship and Immigration
Services Asylum Division recently revised its interpretation of the credible fear standard,
making it more restrictive (art. 3).
The State party should ensure full compliance with its obligations in respect of nonrefoulement, under article 3 of the Convention. In particular the State party should:
(a)
Take concrete measures to ensure the adequacy of the refugee
determination process and asylum procedures for migrants of all nationalities;
(b)
Uphold the principle that asylum procedures should remain confidential
and should provide for special consideration for minors, women, victims of torture or
traumatization, and other asylum seekers with specific needs;
(c)
Conduct a thorough risk assessment of situations covered by article 3 of
the Convention, notably by taking into consideration the current security situation in
Mexico and in the Northern Triangle of Central America;
(d)
counsel;
Review the use of expedited removal procedures and guarantee access to
(e)
Revert to the original, less restrictive application of the “credible fear”
screening standard with respect to all individuals expressing a fear of return who have
been referred for such screening interviews.
Immigration detention
19.
The Committee notes with concern that, under certain circumstances, the State party
continues to use mandatory detention to hold asylum seekers and other immigrants on
arrival in prison-like detention facilities, county jails and private prisons. It is also
concerned at the recent plan to expand family detention, with the establishment of up to
6,350 additional detention beds for undocumented migrant families with children. The
Committee observes that, despite the increased placement of unaccompanied children and
separate children in foster care, many children continue to be held in group homes and
secure facilities, which closely resemble juvenile correctional facilities. While
acknowledging the steps taken by the State party to reform the immigration detention
system, the Committee remains concerned by reports of substandard conditions of detention
in immigration facilities and the use of solitary confinement. It is also concerned about
reports of sexual violence by staff and other detainees (arts. 2, 11 and 16).
The State party should:
2
C. Daniel, A. Lovatt and O.J. Manson, “Psychotic-like experiences and their cognitive appraisal
under short-term sensory deprivation”, Frontiers in Psychiatry, vol. 5: 106 (15 August 2014).
9