Non-refoulement
(7)
The Committee is concerned about information that the new Asylum Law, which entered into force in
May 2004, could increase the risk of refugees being sent to supposedly safe third countries, that asylum-seekers could be
deported before a decision on their appeal has been taken, and that the possibility of presenting new evidence during the
hearing is limited.
Since the Constitutional Court has declared some of the Act’s articles unconstitutional, the State party is
requested to provide the Committee with information on the measures it intends to take to rectify this.
(8)
The Committee regrets the reported extraditions carried out by the State party after receiving diplomatic
assurances from the requesting country.
The State party should provide the Committee with detailed information on cases of extradition or
removal subject to the receipt of diplomatic assurances since 1999. Additionally, the State party should
provide the Committee with detailed information on cases of denial of extradition, return or expulsion
owing to the risk that the person might be subjected to torture, ill-treatment or the death penalty upon
return.
(9)
The Committee is concerned at the limited guarantees for women asylum-seekers to be interrogated by female
officers.
The State party should take the necessary measures to extend the guarantee that women asylum-seekers
will be interviewed by women officers to all instances.
Prompt and impartial investigation
(10)
The Committee expresses concern about the lack of prompt investigation of certain cases of torture and
ill-treatment committed by law enforcement officials, as well as about the penalties imposed on perpetrators, in
particular with reference to the death in custody in 2003 of Mr. Cheibani Wague. With regard to this case, the
Committee notes with deep concern:
(a)
The delay between July 2003, when the pretrial investigation was conducted, and July 2005, when the
court hearings started;
(b)
The lenient sentence pronounced on 9 November 2005, taking into account that racial motives could
not be excluded.
The State party should:
(a)
Ensure that criminal complaints regarding torture and ill-treatment lodged against its
law enforcement authorities are resolved expeditiously;
(b)
Inform the Committee whether an appeal was lodged by the Public Prosecutor and of
the result of the appeal.
Review of interrogation rules, instructions, methods and practices
(11)
The Committee is concerned about the restrictions on the right of an arrested person to have counsel present
during interrogation if “there is some evidence to suggest that the presence of counsel would jeopardize further
investigative steps”.
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