CAT/C/KWT/CO/3
(c)
In particular, ensure that foreign residents complaining that they have
been tortured in their country of origin are not subjected to administrative
deportation.
Situation of bidun persons
36.
While welcoming the decision of the Council of Ministers regarding civil, social and
humanitarian benefits to the Kuwaiti biduns and taking note of the decision by the
Parliament to accord Kuwaiti nationality to 4,000 such persons each year, the Committee
remains concerned at the situation of at least 100,000 biduns termed “illegal residents” in
the State party, who lack legal recognition and are reported to continue to be the victims of
various types of discrimination and ill-treatment (arts. 2 and 16).
37.
The Committee reiterates its recommendation (see CAT/C/KWT/CO/2,
para. 26) that the State party should enact specific legislation in order to protect
bidun persons. It should adopt adequate legal measures to guarantee the right of
every child to nationality and to facilitate the registration of biduns and their nondiscriminatory access to their fundamental rights, including access to justice and
social services.
Independence of the judiciary
38.
While noting that the independence of the judiciary is guaranteed in article 163 of
the Constitution, the Committee is concerned that judges are appointed by the Supreme
Judicial Council, which in turn is appointed by the executive. It is also concerned about the
independence of foreign judges owing to the lack of security of tenure, since their judicial
appointment is reviewed at short intervals and since their contracts are of short duration
(art. 2).
39.
The State party should take measures to guarantee the full independence,
autonomy and impartiality of the judiciary in the performance of its functions, and
review the regime of appointment, promotion and dismissal of judges in line with the
relevant international standards, including the Basic Principles on the Independence
of the Judiciary. It should also ensure the security of tenure of foreign judges.
National human rights institution
40.
While welcoming the adoption of Act No. 67 regarding the establishment of a
national human rights institution (Diwan Huquq al Insan) in July 2015, the Committee is
concerned at reports that the Diwan is not fully independent, since it is supposed to be
under the supervision of the Council of Ministers (art. 2).
41.
The Committee reiterates its recommendation (see CAT/C/KWT/CO/2,
para. 27) that the State party ensure the independence of the national human rights
institution (Diwan Huquq al Insan) in full compliance with the principles relating to
the status of national institutions for the promotion and protection of human rights
(the Paris Principles). It should enable the Diwan to effectively monitor and inspect all
places of detention by making regular and unannounced visits, and should publish the
reports containing its findings.
Training
42.
While taking note of the training provided to law enforcement, security and prison
personnel, as well as of the workshops organized by the Department of Forensic Medicine,
the Committee is concerned that insufficient specific training is provided on the provisions
of the Convention and the absolute prohibition of torture. It is also concerned that medical
professionals do not receive sufficient training on the Istanbul Protocol (art. 10).
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