A/66/44
non-refoulement obligation, the State party should assess the merits of each individual
case. The State party should introduce amendments in its legislation that deal with
forced deportations of foreign citizens. The State party should consider acceding to
the 1951 Convention relating to the Status of Refugees (adopted by the General
Assembly on 28 July 1951) and its 1967 Protocol. The State party should provide
training to all law enforcement and immigration officials in international refugee and
human rights law, emphasizing the principle of non-refoulement, and ensure that
appeals to courts against deportation orders have a suspensive effect.
Training of the judiciary
(14) While noting that international instruments become effective as domestic legislation
upon the entry into force of the laws on their ratification or accession, the Committee is
concerned by the delegation’s statement that judges have limited knowledge of
international instruments, including the Convention. This concern is also referred to by the
Special Rapporteur on the question of torture, who noted a “basic lack of awareness,
primarily on behalf of prosecutors, lawyers and the judiciary, of the international standards
relating to the prohibition of torture” (E/CN.4/2006/6/Add.4, para. 40). The Committee is
particularly concerned by the information it received that clients of lawyers who referred to
international treaties and conventions in their defence were sentenced to longer prison
terms (art. 10).
The State party should ensure that mandatory training for judges, prosecutors, court
officials, lawyers, and other related professions includes all the provisions of the
Convention, especially the absolute prohibition of torture. The State party may wish
to consider international assistance with regard to the training. Public officials and
medical personnel dealing with detainees and all professionals involved in the
documentation and investigation of torture should receive training on the Manual on
Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (the Istanbul Protocol).
Training of law enforcement officials
(15) The Committee is concerned by reports that police are inadequately trained in crowd
control and the use of equipment, and that often they do not have instruction on the
appropriate use of firearms and on the prohibition to use excessive force (art. 10).
The State party should ensure that law enforcement officials receive proper training
on how to exercise their duties, including on the use of equipment, on the use of force
that is appropriate for the type of manifestation and that such force is employed only
exceptionally and proportionally. Police should be trained in and comply with the
Code of Conduct for Law Enforcement Officials (adopted by the General Assembly
through resolution 34/169 of 17 December 1979) and the Basic Principles on the Use of
Force and Firearms by Law Enforcement Officials (adopted at the Eighth United
Nations Congress on the Prevention of Crime and the Treatment of Offenders, held 27
August–7 September 1990).
Conditions of detention
(16) The Committee is concerned about conditions of detention in some facilities, such as
overcrowding, poor ventilation and heating, inadequate toilet facilities and water supply
and the spread of infectious diseases. In addition, the Committee is concerned with illtreatment such as the mixing of convicted prisoners and pretrial detainees, arbitrary room
changes, and prison guards encouraging convicted prisoners to be abusive towards certain
detainees. The Committee is also concerned by the special isolation regime consisting of
solitary confinement for prisoners serving 30-year sentences, some of whom told the
Special Rapporteur on the question of torture that they would have preferred the death
58
GE.11-45568
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