CAT/C/POL/CO/5-6
for their specific needs during the refugee status determination process (arts. 3, 10, 11 and
16).
The Committee recommends that the State Party take all necessary measures to
ensure the identification of vulnerable asylum seekers who are victims of torture and
provide them with the support they require, including treatment and counselling.
Furthermore, all relevant personnel, including medical personnel, should receive
specific training on how to identify signs of torture and ill-treatment. To this end, the
Manual on Effective Investigation and Documentation of Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment (Istanbul Protocol) should be
further disseminated.
Electrical discharge weapons
15.
The Committee notes that the legislation of 9 April 2010 on the Border Guard
provides for border guards to use electrical stunning devices, and that the State party
considers the use of these devices (such as tasers) to be less lethal than that of firearms.
However, the Committee remains concerned that the use of electrical stunning devices may
contravene the Convention and, in some cases, even cause death (arts. 2 and 16).
The State party should ensure that the use of electrical discharge weapons is
exclusively limited to extreme situations — where there is a real and immediate threat
to life or risk of serious injury — and that these weapons are used only by trained law
enforcement personnel as a substitute for lethal weapons. The State party should
revise the regulations governing the use of such weapons with a view to establishing a
high threshold for their use and expressly prohibiting their use on children and
pregnant women. The Committee is of the view that the use of electrical discharge
weapons should be subject to the principles of necessity and proportionality and that
they should not be included in the regular equipment of custodial staff in prisons or
any other place of deprivation of liberty. The Committee urges the State party to
provide detailed instructions and training to law enforcement personnel who are
entitled to use electric discharge weapons, and to strictly monitor and supervise their
use.
The Optional Protocol and a national preventive mechanism
16.
The Committee notes that in 2008, the State party entrusted the Office of the
Ombudsman with carrying out the functions of a national preventive mechanism. The
Committee regrets that the resources allocated to that Office prevent it from carrying out
that mandate effectively (art. 2).
In the light of the Optional Protocol to the Convention and in keeping with the
guidelines on national preventive mechanisms (CAT/OP/12/5, paras. 7, 8 and 16), the
Committee recommends that the State party ensure that the national preventive
mechanism is endowed with sufficient resources to discharge its mandate effectively
and on a fully independent basis.
Training
17.
The Committee welcomes the wide range of educational programmes currently in
place for law enforcement officials, prisons staff, border guards and medical personnel,
including training on the Istanbul Protocol. However, the Committee is concerned that it is
the training institutions themselves that assess the courses and that there is no evaluation of
their practical impact on the incidence of torture and ill-treatment (art. 10).
The Committee recommends that the State party develop specific methodologies to
guarantee more objective and comprehensive evaluation of the training and education
courses on the absolute prohibition of torture and ill-treatment that are provided to
5