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 4

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