CAT/C/IRL/CO/2
10.
The State party should:
(a)
Expedite the commencement of section 9 of the Criminal Justice Act
2011 to ensure that all persons deprived of their liberty by the police have the right of
access to a lawyer, including during the initial interview and interrogations, from the
time of their apprehension, and ensure that this right is respected in law as well as in
practice;
(b)
Expedite the drafting of the Inspection of Places of Detention Bill and
ensure that this or other national legislation promptly establishes an independent
body tasked with inspecting police stations and monitoring the provision by the police
of all fundamental safeguards against torture to persons deprived of their liberty,
including respect for the right of prompt access to a lawyer; the rigorous keeping of
detention records, including in a centralized register; and systematic closed-circuit
monitoring of interview rooms;
(c)
Collect data on the performance of the police with respect to provision of
fundamental safeguards against torture to persons deprived of their liberty, including
data on cases in which police officers have been subjected to disciplinary or other
measures for failing to respect such safeguards, and provide this information in its
next report to the Committee.
Situation of asylum seekers and migrants
11. While welcoming the State party’s adoption of the International Protection Act 2015,
which introduces a single procedure for assessing claims for asylum and subsidiary
protection, and the information provided by the State party during the dialogue indicating
that asylum seekers are placed in detention only as an exceptional measure, the Committee
remains concerned that immigration detainees, including persons in need of international
protection, continue to be detained in a number of prisons and police stations with remand
and convicted prisoners, and that the State party has not followed through on its plans to
open a dedicated immigration detention centre at Dublin airport. The Committee regrets
that the State party did not provide the requested information on the number of individuals
who were denied “leave to land” and who were not subsequently allowed to enter the
country as asylum seekers in 2016, disaggregated by country of origin. The Committee
reiterates that individuals denied leave to land should have access to legal aid and
interpretation prior to being returned to their point of embarkation for Ireland (arts. 3, 11,
12, 13 and 16).
12.
The State party should:
(a)
Enshrine in its legislation the principle that asylum seekers should be
detained only as a measure of last resort, for as short a period as possible and in
facilities appropriate for their status;
(b)
Establish a formalized vulnerability-screening mechanism for torture
victims and other persons with special needs and provide them with care and
protection to avoid retraumatization, including during international protection
procedures;
(c)
Provide adequate funding to ensure that all persons undergoing the
single procedure under the International Protection Act have timely access to medicolegal documentation of torture, ensure that all refugees who have been tortured have
access to specialized rehabilitation services that are accessible countrywide, and
support and train personnel working with asylum seekers with special needs;
(d)
Ensure that persons detained for immigration purposes are not held
together with remand and convicted prisoners, are informed about their situation in a
language they can understand, and have effective access to legal advice and to the
process of application for international protection;
(e)
Ensure that all persons who are refused leave to land are provided with
access to legal advice and information regarding international protection in a
language they can understand, and provide the Committee in its next periodic report
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