CAT/C/TKM/CO/2 (b) Ensure that asylum seekers, including detainees, have access to independent, qualified and free legal advice and representation, that their protection needs are duly recognized and that refoulement is prevented; (c) Establish a system for collecting and providing the following data to the Committee and other relevant observers, for the period from 2012 to the present: (i) The number of asylum applications received; (ii) The number of foreigners who have been expelled, returned or otherwise refused entry at the borders, and to which countries; (iii) The number of foreigners detained in detention facilities; (iv) The number of individuals whose asylum applications are pending with the authorities. Involuntary placement and medical treatment in psychiatric hospitals and neuropsychological institutions 35. The Committee is concerned that persons with psychosocial disorders and mental disabilities may be placed in psychiatric hospitals and neuropsychological institutions without their consent. It remains concerned about reports that psychiatric hospitals continue to be misused to detain persons for non-medical reasons, including non-violent expression of political views (arts. 2, 11-13 and 16). 36. The Committee reiterates the recommendation contained in its previous concluding observations (see CAT/C/TKM/CO/1, para. 17) that the State party: (a) Take measures to ensure that no one is involuntarily placed in psychiatric hospitals and neuropsychological institutions for non-medical reasons; (b) Release persons who have been forcibly placed in psychiatric hospitals for non-medical reasons and take appropriate measures to remedy the situation; (c) Allow access to psychiatric hospitals and neuropsychological institutions to monitors and monitoring mechanisms that are independent of the health authorities and publish a brochure with its procedures and ensure its distribution to patients and their families; (d) Ensure that patients have the right to be heard in person by the judge ordering the hospitalization and that the court always seeks the opinion of a psychiatrist who is not attached to the psychiatric institution admitting the patient; (e) Ensure that hospitalization for medical reasons is decided only upon advice of independent psychiatric experts and that such decisions can be appealed. Derogations from the absolute prohibition of torture 37. While noting that the State party has adopted amendments to its national legislation that define and specifically criminalize torture, the Committee remains concerned that article 47 of the Constitution continues to stipulate that citizens’ rights may be suspended during the imposition of a state of emergency or martial law, and does not clearly indicate that the prohibition of torture is non-derogable. It is also concerned that the Constitution does not clearly prohibit amnesties for torture and enforced disappearance (arts. 2 and 4). 11