CAT/C/KWT/CO/2
persons detained in 1991 in the aftermath of the war, who had subsequently disappeared.
The Committee notes that the State party acknowledged only one case. The Committee is
concerned that the information about disappearance of persons detained following the 1991
war is recurrent and the issue has been raised by a non-governmental organization during
the examination of the report of Kuwait by the universal periodic review mechanism in
May 2010.
The State party should provide detailed information to clarify cases of detained
and disappeared persons following the 1991 war brought to its attention.
Non-refoulement
15.
The Committee regrets the lack of information to item 5 (CAT/C/KWT/2,
paragraph 18) of the State party’s responses to the Committee’s list of issues
(CAT/C/KWT/Q/2), on statistical information for the past five years (2005 – 2010) on
asylum applications, in particular, those submitted by asylum-seekers who had been
tortured or might be tortured if returned to their country of origin (art. 3).
Under no circumstances should the State party expel, return or extradite a
person to a State where there are substantial grounds for believing that he or she
would be in danger of being subjected to torture or ill-treatment. The Committee
requests the State party to provide information, in detail, on the precise number of
asylum applications received, the number of successful asylum applications, the
number of asylum-seekers whose applications were accepted because they had been
tortured or might be tortured if returned to their country of origin, the number of
deportations with an indications of (a) the number of deportations relating to asylumseekers, and (b) the countries to which deportations have been carried out. The data
should be disaggregated by age, sex and nationality.
Refugees
16.
The Committee notes that in spite the existing cooperation with the UNHCR, the
State party has not yet ratified the 1951 Refugee Convention and its 1967 Optional
Protocol.
The State party is encouraged to consider becoming a party to the 1951
Refugee Convention and its 1967 Optional Protocol.
Imposition of the death penalty
17.
While noting the information provided by the delegation that the death penalty has
not been applied in the State party since 2006, the Committee is concerned at the lack of
information provided on the number of persons executed before 2006. It is also concerned
at the wide number of offences for which death penalty is imposed, as well as the lack of
information on the number of persons currently on death row. The Committee is further
concerned at the provisions of article 49 of the Code of Criminal Procedure which allows
for the use of excessive force on death row detainees (arts. 2 and 16).
The Committee recommends that the State party consider ratifying the Second
Optional Protocol to the International Covenant on Civil and Political Rights, aiming
at the abolition of the death penalty. In the meantime, the State party should review
its policy with a view to restricting to the most serious crimes the imposition of the
death penalty. The State party should ensure that all persons on death row are
afforded the protection provided by the Convention against Torture and treated
humanely and that no discriminatory measures and ill-treatment are applied to these
persons. The Committee requests the State party to provide information on the
precise number of persons executed since the consideration of the previous report in
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