A/66/44
The State party should, as a matter of urgency, establish a separate juvenile justice
system, adapted to the particular needs of juveniles, their status and special
requirements. To this end, the State party should expeditiously enact the draft Law on
Juvenile Justice and ensure that this Law is in conformity with international
standards, and develop corresponding guidelines and directives for judges,
prosecutors and judicial police on the concept of a child-friendly justice system. The
State party should further take all necessary measures to develop and implement a
comprehensive system of alternative measures to ensure that deprivation of liberty of
juveniles is used only as a measure of last resort, for the shortest possible time and in
appropriate conditions. In addition, the State party should take the necessary
measures to ensure that persons below 18 years of age are not detained with adults.
Refugees, non-refoulement
(24) While welcoming the State party’s adherence to the 1951 Convention relating to the
Status of Refugees, the Committee expresses its concern at the lack of information on
domestic legislation guaranteeing the rights of refugees and asylum-seeking persons,
including unaccompanied children in need of international protection. It is also concerned
at the absence of any legal provisions that would explicitly prohibit the expulsion,
refoulement or extradition of a person to another State where there are substantial grounds
for believing that he or she would be in danger of being subjected to torture. The
Committee is further concerned that numerous individuals have not been afforded the full
protection provided for by article 3 of the Convention in cases of expulsion, return or
deportation. Such cases include the 674 Montagnard asylum-seekers who are no longer in
the State party and the forcible repatriation of 20 Uighur asylum-seekers to China in
December 2009, as well as the lack of information on any measures taken by the State party
to follow up on their status (arts. 3, 12 and 13).
The State party should formulate and adopt domestic legislation guaranteeing the
rights of refugees and asylum-seeking persons, including unaccompanied children in
need of international protection. The State party should also formulate and adopt
legal provisions to implement article 3 of the Convention into its domestic law. Under
no circumstances should the State party expel, return or extradite a person to a State
where there are substantial grounds for believing that he or she would be in danger of
being subjected to torture or ill-treatment. The Committee requests the State party to
ensure appropriate follow-up with regard to the status of the 674 Montagnard and 20
Uighur asylum-seekers and to provide the Committee with information as to these
cases.
Training
(25) The Committee takes note of the information included in the State party’s report on
training and awareness-raising programmes on human rights for law enforcement
personnel, including the police and judicial police, judges and prosecutors. However, the
Committee regrets the lack of information on targeted and practical training regarding the
obligations under the Convention, notably on the prohibition of torture, the prevention of
torture or investigation of alleged cases of torture, including on sexual violence, for these
groups as well as penitentiary personnel. The Committee also regrets the lack of
information on any training for police and other relevant officials in witness interviewing,
witness protection, forensic methods and evidence gathering. Furthermore, the Committee
is concerned at the lack of information on targeted training for all relevant personnel, such
as forensic doctors and medical personnel dealing with detained persons, including methods
to document physical and psychological sequelae of torture, as well as methods to ensure
health-related and legal responses. The Committee is further concerned at the lack of
information as to whether professional codes of ethics form part of such trainings, and if
these include prohibition of torture etc (art. 10).
28
GE.11-45568
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