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there are any grounds for believing that a person would be at risk of torture or illtreatment upon return.
25.
While noting with satisfaction the efforts made by the State party to respond to the
large influx of asylum seekers and undocumented migrants arriving in its territory, the
Committee is concerned at reports alleging that the State party has acted in breach of the
principle of non-refoulement in a few cases during the period under review. In particular,
the Committee is concerned that:
(a)
The accelerated asylum procedures, applied to asylum seekers from countries
of origin that are designated as “safe”, as well as “Dublin cases”, may not allow a thorough
assessment of whether asylum seekers and refugees are victims of torture or ill-treatment,
or are at risk of torture or ill-treatment upon deportation or transfer, including for
vulnerable persons such as pregnant women and families with children under the age of 3;
(b)
Asylum seekers and refugees under the accelerated asylum procedures are
allowed only one week to file an appeal if their application for asylum is rejected, and this
appeal does not have an automatic suspensive effect;
(c)
The State party deported an asylum seeker, Sami Aidoudi, to his country of
origin before a court order staying the deportation was issued. The Committee is seriously
concerned that, despite a subsequent legal order calling for his return based on the
deportation being unlawful, the State party has not taken measures to retrieve him;
(d)
Medical examinations are still not conducted systematically and on a
mandatory basis by qualified and independent staff upon arrival in detention centres and
other facilities in which asylum seekers and undocumented migrants are held, to identify
vulnerable persons, such as victims of torture, record any indications as to their claims and
provide them with support services;
(e)
The Orderly Returns Act, adopted by Parliament on 7 June 2019, could
further diminish existing safeguards against the risk of refoulement through its accelerated
deportation procedures (art. 3).
26.
The State party should adopt all the necessary legislative, administrative and
other measures to ensure compliance with the principle of non-refoulement set out in
article 3 of the Convention. In particular, the State party should:
(a)
Allow sufficient time for asylum seekers to indicate fully the reasons for
their applications, obtain and present crucial evidence in order to guarantee fair and
efficient asylum procedures and ensure sufficient time to appeal, with suspensive
effect, thus ensuring the legitimacy of applications for protection by refugees and
other persons in need of international protection is duly recognized and refoulement is
prevented;
(b)
Ensure that all asylum seekers, including those from “safe countries of
origin” and “Dublin cases”, have access to fair asylum procedures, including an
interview to evaluate their risk of being subjected to torture and ill-treatment in their
countries of origin;
(c)
Refrain from transferring individuals, in particular vulnerable persons,
including pregnant women, families with children under the age of 3 and those with
severe mental health conditions, to third countries in which the lack of adequate
accommodation, medical services, social services, nutrition, sanitation and protection
from criminal activity, exploitation and abuse strongly indicates that these individuals
would be subject to torture or ill-treatment upon their return;
(d)
Refrain from deporting asylum seekers to countries of origin in which
the presence of armed conflict with widespread civilian casualties and the absence of
the rule of law, in practice, strongly indicates that they would be subject to torture or
ill-treatment upon their return;
(e)
Respect legal orders concerning deportations and uphold safeguards
designated to prevent refoulement, including by ensuring that all asylum seekers and
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