CAT/C/DEU/CO/5
have been introduced. The Committee remains further concerned at the lack of legal
provisions providing redress and compensation in such cases (arts. 2, 10, 12, 14 and 16).
The Committee recommends that the State party:
(a)
Ensure the effective application of legal and medical standards following
the best practices of granting informed consent to medical and surgical treatment of
intersex people, including full information, orally and in writing, on the suggested
treatment, its justification and alternatives;
(b)
Undertake investigation of incidents of surgical and other medical
treatment of intersex people without effective consent and adopt legal provisions in
order to provide redress to the victims of such treatment, including adequate
compensation;
(c)
Educate and train medical and psychological professionals on the range
of sexual, and related biological and physical, diversity; and
(d)
Properly inform patients and their parents of the consequences of
unnecessary surgical and other medical interventions for intersex people.
Refugees and international protection
21.
While taking note that the transfers under the Dublin II Regulation to Greece have
been suspended due to difficult reception conditions, the Committee notes with concern that
the present suspension of returns, due to expire on 12 January 2012, might be terminated
prior to the amelioration of the reception conditions in Greece (art. 3).
The State party is encouraged to prolong the suspension of forced transfers of asylumseekers to Greece in January 2012, unless the situation in the country of return
significantly improves.
22.
While noting that asylum applications falling under the Dublin II Regulation are
subject to appeal, the Committee is concerned that under article 34a, paragraph 2, of the
German Law on Asylum Procedure, lodging of an appeal does not have suspension effect
on the impugned decisions (art. 3).
The Committee also recommends that the State party abolish the legal provisions of
the Asylum Procedures Act excluding suspensive effects of the appeals against
decision to transfer an asylum-seeker to another State participating in the Dublin
system.
23.
The Committee takes note of the lack of procedural counselling for asylum-seekers
before a hearing is carried out by asylum authorities, and that legal aid is paid for a lawyer
in appeals against negative decisions only if the appeal is likely to succeed according to the
court’s summary assessment (arts. 3, 11 and 16).
The Committee calls on the State party to guarantee access to independent, qualified
and free-of-charge procedural counselling for asylum-seekers before a hearing is
carried out by asylum authorities, guarantee access to legal aid for needy asylumseekers after a negative decision, as long as the remedy is not obviously without a
prospect for success.
Detention pending deportation
24.
The Committee notes a decrease in numbers and duration of detention of foreign
nationals. However, it is concerned at the information that several thousand asylum-seekers
whose requests have been rejected and a vast majority of those who are the subject in socalled “Dublin cases” continue to be accommodated in Länder detention facilities
immediately upon arrival, sometimes for protracted periods of time. This practice
contravenes Directive 2008/115/EC of the European Parliament and of the Council on
7