CAT/OP/ESP/1
assistance, information on their status and the ability to communicate with their
families and consular officials. The Subcommittee also recommends that the State
party take the necessary steps to ensure that migrants are not held in police cells and
that they have access to a shower and other personal hygiene facilities.
92.
The European Court of Human Rights, which found against Spain on the issue of
automatic returns in a judgment issued on 3 October 2017, and the Office of the
Ombudsman of Spain have both indicated that there is an urgent need to modify the
procedures followed by border agents in Ceuta and Melilla so that persons attempting to
enter Spain in an irregular manner are handed over to the National Police. If this is done,
their cases can then be processed in accordance with the legislation on foreign nationals and
they can be informed about the procedure for requesting international protection.
93.
The Subcommittee recommends that the practice of automatic or summary
returns of immigrants be subject to a pre-removal risk assessment that provides
access to refugee status determination procedures, since on-the-spot expulsions run
counter to the principle of non-refoulement under article 3 of the Convention against
Torture.
94.
The Subcommittee also urges the State party to issue an administrative decision
to all individuals who are refused entry at the border and to provide them with legal
assistance and interpretation services, as well as information on the remedies available
for challenging the decision and details of the procedure available to persons in need
of international protection for requesting asylum. The State party should ensure that
minors and possible victims of human trafficking are not subjected to automatic
returns.
(a)
Temporary migrant reception centres
95.
The Subcommittee visited the reception centre in Melilla and observed conditions
there. The facility is not overcrowded, and material conditions are good. However,
improvements could be made to the units where migrants sleep, particularly those units
accommodating persons with specific needs, such as lone women or women with children.
96.
The Subcommittee found that gay Moroccans at the centre faced discrimination and
were psychologically fragile and extremely vulnerable. The Subcommittee was particularly
concerned about the case of an individual living with HIV who appeared to be suffering a
great deal and who had been rejected by his own community.
97.
The gay Moroccans who were interviewed said that they lived in constant fear of
being attacked by other residents at the centre. They also reported being the targets of daily
harassment, insults and threats from other residents and private security guards at the centre.
98.
The Subcommittee recommends that the State party take the necessary
measures to protect the physical and psychological integrity of lesbian, gay, bisexual,
transgender and intersex persons at the temporary migrant reception centre by
shielding them from ill-treatment. It further recommends that the State party ensure
that the medical needs of these persons are taken into account and respected in all
cases and that they are under no circumstances subjected to discrimination or
segregation as a result of those needs. The Subcommittee also recommends that law
enforcement officials and security personnel at the reception centre be provided with
information on how to communicate with lesbian, gay, bisexual, transgender and
intersex persons in an effective and professional manner. These officers should also be
made aware of the international rules and principles regarding equality and nondiscrimination in relation to sexual orientation and gender identity. The
Subcommittee recommends that the State party process asylum applications from
such persons as quickly as possible in order to minimize the emotional suffering they
experience in a hostile environment. The Subcommittee also refers the State party to
section V of its annual report (CAT/C/57/4) on the prevention of torture and other
cruel, inhuman or degrading treatment or punishment of lesbian, gay, bisexual,
transgender and intersex persons.
GE.19-17184
15
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