CAT/C/GIN/CO/1 State of emergency 22. The Committee is concerned by the frequent imposition of states of emergency and by restrictions on human rights that regularly give rise to violations of the Convention. It is further concerned by the promulgation of a state of emergency on 19 November 2010, during which a special unit of the Red Berets deployed throughout the country made systematic use of force against any person violating the curfew (art. 2). The State party should limit the imposition of states of emergency to situations in which it is strictly necessary and, in such cases, ensure respect for the absolute prohibition of torture. Juvenile justice 23. While noting the adoption by the State party of the Children’s Code (under Act No. L/2008/011/AN of 19 August 2008) and in particular its articles 310, 328 and 329, which provide for juvenile courts, mediation measures and non-custodial penalties, respectively, the Committee regrets that, as the delegation confirmed during the dialogue, the legislation is not applied in practice. The Committee regrets in particular that juveniles are frequently convicted for minor offences, that mediation measures and non-custodial penalties are very rarely used in practice, that minors are not kept separate from adults in places of deprivation of liberty and that they are regularly subjected to acts of torture or inhuman and degrading treatment (arts. 2, 10 and 16). The State party should: (a) Ensure that mediation measures are used more frequently and that juveniles are detained only as a last resort and for the shortest period possible; (b) Ensure that minors who are deprived of their liberty are afforded full legal safeguards from the outset and that juveniles are kept completely separate from adults, in accordance with the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules), adopted by the United Nations General Assembly in its resolution 40/33 of 29 November 1985, and the United Nations Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines), adopted by the General Assembly in its resolution 45/112 of 14 December 1990. Non-refoulement 24. The Committee regrets the absence of legislation concerning guarantees of nonrefoulement of persons to countries where they face a real risk of being subjected to torture. It also regrets the lack of information and statistics on the number of asylum requests, refugees and forced expulsions (art. 3). The State party should: (a) Ensure that the Legislative Reform Commission introduces into the legislative texts under revision, in accordance with article 3 of the Convention, the principle of non-refoulement as well as the right to an appeal with suspensive effect against a decision of expulsion; the State party should also respect all guarantees in the context of asylum and expulsion procedures pending the outcome of appeals; (b) Respect the principle of non-refoulement in accordance with article 3 of the Convention and the obligation to check whether there are substantial grounds for believing that the asylum seeker would be in danger of being subjected to torture or ill-treatment if expelled, in particular by systematically conducting individual interviews to evaluate the personal risk incurred by applicants. GE.14-05766 11