CAT/C/DEU/CO/5
Secret detention and extraordinary renditions
26.
The Committee welcomes the adoption of a new law on the parliamentary control of
intelligence services subsequent to the 2009 Parliamentary Inquiry into alleged involvement
of the State party in extraordinary renditions and secret detention of terrorist suspects.
However, it notes with concern the lack of clarity of the implementation by the Federal
Government of the recommendations of the Parliamentary Commission of Inquiry. The
Committee also notes with concern that no Federal Government investigation has been
undertaken in response to the June 2009 ruling by the Constitutional Court, which ruled that
the failure by the Government to fully cooperate with the Inquiry has violated the Federal
Constitution. The Committee is further concerned by the lack of information from the State
party about the specific measures it has taken to implement the recommendations of the
United Nations joint study on global practices in relation to secret detention in the context
of countering terrorism (A/HRC/13/42) (art. 3).
The Committee urges the State party to:
(a)
Provide information on concrete steps to implement the
recommendations by the 2009 Parliamentary Commission of Inquiry and measures to
initiate Federal Government’s investigation into alleged involvement of law
enforcement officers of the State party in rendition and secret detention programmes;
(b)
Make the outcomes of the investigations public;
(c)
Take all necessary measures to prevent the future incidents of such
situations; and
(d)
Take specific measures with a view to implement the recommendations
of the United Nations joint study on global practices in relation to secret detention in
the context of countering terrorism (A/HRC/13/42).
Unaccompanied minors
27.
While noting the information that the so-called “Airport Procedure” under article 18
of the Law on Asylum Procedure applies to the asylum-seekers arriving from a safe country
of origin or without a valid passport, the Committee remains concerned in particular by the
reports of continuous exposure of unaccompanied minors to the “Airport Procedure”,
including those whose asylum application has been refused or refugee status repealed who
can be deported to the countries of origin if no reasonable ground to expect torture or illtreatment has been detected. The Committee is also concerned about the lack of
information on the State party’s position it represents in the context of the European Union
discussion on minors subject to the “Airport Procedure” (art. 3).
The Committee recommends that the State party:
(a)
Exclude unaccompanied minors from the “Airport Procedure”, as
recommended by the European Commission against Racism and Intolerance;
(b)
Ensure that unaccompanied minors can enjoy the rights guaranteed by
the Convention on the Rights of the Child;
(c)
Ensure collection and public availability of data, disaggregated by age,
sex and nationality, on the number of unaccompanied minors that are subject to
enforced removal from the State party; and
(d)
Play an active part in the European Union discussion on this issue with a
view of extending the protection of unaccompanied minors from the risk of torture
and ill-treatment.
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