A/66/44
apply for international protection and that persons considered to be a threat to national
security are subject to being expelled or returned to another State where there are
substantial grounds for believing that they would be in danger of being subjected to torture.
It is also concerned at the very low rate of successful asylum applications (art. 3).
The State party should:
(a)
Ensure (i) procedural safeguards against refoulement and (ii) effective
remedies with respect to refoulement claims in removal proceedings, including review
by an independent judicial body concerning rejections;
(b)
Ensure that a thorough review of each individual case is provided for
asylum claims and that persons whose applications for asylum have been rejected can
lodge an effective appeal with the effect of suspending the execution of the decision on
the expulsion or deportation;
(c)
Revise its current procedures and practices in the area of expulsion,
refoulement and extradition and align its interpretation of key concepts of domestic
asylum law fully with international refugee law and human rights standards;
(d)
Continue to follow up on and keep the Committee informed of the case
of the citizen of Bosnia and Herzegovina who remains in detention in Guantanamo
Bay military base;
(e)
Ensure that national security considerations do not undermine the
principle of non-refoulement and that the State party fulfil its obligations to respect
the principle of absolute prohibition of torture in all circumstances, in accordance
with article 3 of the Convention.
(15) With regard to individuals whose citizenship has been revoked by the State
Commission for Revision of Decisions on the Naturalization of Foreign Nationals and who
consequently are detained in the deportation centre, the Committee takes note of the State
party’s report claiming that legal rights to judicial protection had been provided for them.
However, noting the concerns expressed by several international bodies, the Committee
remains concerned that reported cases on the prolonged detention in inadequate conditions
of those individuals and the denial of their right to effectively challenge the decisions to
revoke their citizenship, detain and deport them have not been fully clarified (arts. 3 and
16).
The State party should revise its practice regarding the prolonged detention of those
individuals and fully respect their right to effectively challenge the decisions to revoke
their citizenship, detain them and deport them. Furthermore, the State party should
guarantee key principles related to a fair and efficient asylum procedure, including
adequate translation and interpretation services, free legal aid and access of
applicants to their case file.
Return of refugees and internally displaced persons
(16) In addition to the problems recognized by the State party, inter alia the security
concerns for the minority returnees and the lack of investigation and prosecution of crimes
and acts of violence against refugees and internally displaced persons (CAT/C/BIH/2-5,
para. 142), the Committee expresses its concern at persistent reports claiming that existing
programmes of property restitution have failed to take into account gender and the
psychological needs of the victims of sexual violence. The Committee is also concerned at
their lack of economic opportunities and the poor living conditions (arts. 3, 7 and 12).
The Committee recommends that the State party intensify its efforts to facilitate
returns of refugees and displaced persons, including by constructing housing and the
accompanying infrastructure and addressing the specific situation of those who would
14
GE.11-45568
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