The State party should take the necessary steps, in cooperation with the Office of the United Nations
High Commissioner for Refugees (UNHCR), to speed up the processes of determination of refugee
status.
The State party should ensure that its officials refrain from making statements which could encourage
the stigmatization of refugees and applicants for refugee status.
Detention of non-citizens
(10) The Committee expresses concern at the failure to limit the length of administrative detention of aliens. The
Committee takes note of the efforts made by the State party to improve conditions in the Detention Centre for aliens,
and the plans to modernize the regional offices and border posts so as to provide suitable conditions for immigrants.
However, the conditions in the centres for immigrants remain a matter for concern, especially as regards
overcrowding and the lack of procedures or machinery for identifying victims of trafficking in persons and others
who are entitled to international protection (arts. 2, 3 and 11).
The State party should ensure that legislation provides for alternatives to custody for migrants. The
State party should also set a maximum legal period for detention pending deportation, which should in
no circumstances be indefinite.
The Committee invites the State party to continue its efforts to improve detention conditions for all
immigrants, in cases where administrative detention is absolutely necessary, in accordance with the
Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment
and the Minimum Rules for the Treatment of Prisoners.
The Committee recommends the adoption of protocols and the provision of proper training for border
officials and personnel working in centres for the administrative detention of aliens for the
identification of victims of trafficking and others who are entitled to international protection.
Ill-treatment and abuse of authority
(11) The Committee takes note of the efforts made by the State party to address cases of abuse of authority by
border guards and prison staff, including specific recommendations that officials should avoid actions or omissions
which violate rights. However, the Committee remains concerned at cases of abuse of immigrants and citizens,
especially on the grounds of their sexual orientation and/or transsexual identity. The Committee considers that, in
particular, the rules on public morals can grant the police and judges discretionary power which, combined with
prejudices and discriminatory attitudes, can lead to abuse against this group (arts. 2, 11 and 16).
Through training and awareness creation among those concerned, the State party should foster a
policy of respect for human rights for all without discrimination. The State party should take steps to
ensure continuous monitoring and periodic evaluation of the impact of the training and awareness
creation provided for police officers, border guards and prison personnel.
Complaints, investigations and proper convictions
(12) The Committee notes with satisfaction the cases where the Convention has been directly applied by domestic
courts. However, the Committee notes that only one complaint of torture has been registered and that no convictions
have been handed down for torture since the new law entered into force. The Committee notes with concern that
some possible cases of torture have been investigated as abuses of authority despite their gravity. It also notes with
concern reports that victims and witnesses are not provided with adequate protection (arts. 2, 11 and 13).
The State party should ensure that legislation on torture is effectively applied and that all those
involved, especially police officers and prison staff, border guards, medical personnel and judicial
personnel, receive proper training in the new legislation. Detainees should also be given information on
the Convention and domestic legislation and on the rules and guidelines for police officers and prison
personnel relating to torture.
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