CAT/C/MKD/CO/3
(e)
Provide the Committee with comprehensive disaggregated data on the
number of investigations and prosecutions carried out and of sentences handed down
for human trafficking, on the provision of redress to the victims and on measures
taken to combat alleged corruption among law enforcement officials.
Detention of migrants, refugees and asylum seekers
19.
The Committee is concerned that irregular migrants are transferred and detained in
the Gazi Baba Reception Centre for Foreigners, where conditions of detention reportedly
amount to inhuman and degrading treatment in violation of the Convention, including
overcrowding. The Committee is concerned about information received that
unaccompanied minors are detained, including in the same facilities as adults, and that
special guardians appointed to help the minors allegedly have not established contact or
obtained legal aid for them. The Committee is further concerned by the State party’s
reported practice of denying or revoking the applications of refugees and asylum seekers on
grounds of a threat to national security, without allowing for the applicant to challenge
those decisions, such as before an appeal body. The Committee is deeply concerned by the
reported practice of expulsions without a proper assessment of whether an individual may
be subjected to torture, inhuman or degrading treatment or punishment on return to the
country to which they are expelled (art. 3).
The State party should:
(a)
Ensure that detention is only applied as a last resort, when determined to
be strictly necessary in each individual case and for as short a period as possible, and
that alternatives to detention are available in law and implemented in practice;
(b)
Adopt all measures necessary to ensure that stateless persons whose
asylum claims have been refused, as well as asylum seekers, irregular migrants and
refugees, are not held in detention indefinitely, by including statutory time limits for
detention and access to an effective judicial remedy to review the necessity of the
detention;
(c)
Immediately take measures to put an end to the inhuman and degrading
conditions of detention in the Gazi Baba detention centre, for example by closing it
and establishing alternative punishments;
(d)
Ensure full compliance with its obligations under article 3 of the
Convention in respect of non-refoulement by ensuring that no person will be returned
in violation of article 3 and, in addition, that everyone will be given the opportunity to
submit evidence to refute allegations that they constitute a danger to the security of
the country, including before an appeal body;
(e)
Find alternative accommodation for unaccompanied minors so that they
are not kept in the same facilities as the adults. The appointed special guardians
should regularly contact the minors and take measures to provide legal aid for them,
including by contacting appropriate humanitarian organizations.
Ombudsman and the national preventive mechanism
20.
The Committee notes with interest that, after the Office of the Ombudsman was
designated as the national preventive mechanism, a number of preventive and unannounced
visits were made to detention facilities, including 32 preventive visits and unannounced
visits to 25 places of confinement in 2012. The Committee is concerned at reports that the
Ombudsman is unable to visit all places of detention without prior announcement and that
the recommendations of the Ombudsman are not implemented by other governmental
agencies and departments, as there is no requirement for action to be taken in response to
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