CAT/C/KWT/CO/3
sexual exploitation. It is also concerned at the low number of sentences sanctioning
perpetrators of acts of human trafficking (arts. 2, 10, 12–14 and 16).
33.
The State party should:
(a)
Vigorously implement international and domestic anti-trafficking
legislation, including by allocating sufficient funds and developing a national strategy
to combat trafficking;
(b)
Take effective measures to prevent and eradicate human trafficking,
including by conducting national prevention campaigns about the criminal nature of
such acts, and provide specialized training to public officials on identifying victims
and on investigating, prosecuting and sanctioning perpetrators;
(c)
Promptly, effectively and impartially investigate the crime of trafficking
in persons and related practices; prosecute and punish perpetrators in accordance
with the gravity of the crime;
(d)
Increase the protection of and provide redress to victims of trafficking,
including legal, medical and psychological aid and rehabilitation, as well as adequate
shelters and assistance in reporting incidents of trafficking to the police, including by
establishing a round-the-clock hotline for victims;
(e)
Enhance international cooperation with regard to preventing and
punishing trafficking, and prevent the return of trafficked persons to their countries
of origin where there are substantial grounds to believe that they would be in danger
of torture;
(f)
Provide the Committee with comprehensive disaggregated data on the
number of investigations, prosecutions and sentences handed down to perpetrators of
human trafficking, and on the provision of effective redress to the victims. A
description of sentences on the subject and their motivations would be particularly
useful.
Non-refoulement
34.
While taking note that refoulement is prohibited under article 46 of the Constitution
of the State party, the Committee is concerned at the absence of national laws and
administrative regulations governing the status of asylum seekers and refugees, which may
result in superficial and summary examinations of protection claims and lead to an arbitrary
implementation of the prohibition of non-refoulement. It is concerned at the detention of
persons awaiting repatriation or resettlement who lack a valid residence permit and the lack
of information on whether the risks of torture in countries to which persons would be
returned are sufficiently examined. It is particularly concerned at the practice of
administrative deportations of persons if required in the public interest or if the public order
is threatened, which are carried out without judicial supervision under the authority of the
Ministry of the Interior and against which no recourse or appeal is available (arts. 2, 3, 11
and 16).
35.
The State party should:
(a)
Ensure that no person is expelled, returned or extradited to a country
where there are substantial grounds for believing that he/she would be in danger of
being subjected to torture;
(b)
Establish a legal and institutional framework regulating asylum in
accordance with international standards in order to ensure its compliance with the
principle of non-refoulement and examine each case individually;
9