CAT/C/DEU/CO/6
undocumented migrants are informed of their rights and have access to legal services
and representation;
(f)
Take measures to identify asylum seekers with specific needs, especially
victims of torture and ill-treatment, as early as possible, and ensure mandatory
medical checks and systematic examination of all asylum seekers, including those
making applications under accelerated procedures, for signs of mental illness or
trauma by independent and qualified health professionals upon arrival at facilities,
with the support, if necessary, of confidential, qualified interpretation.
Detention and treatment of asylum seekers and migrants, and acts of racism
27.
The Committee is concerned at the State party’s continued practice of detaining
asylum seekers and undocumented migrants in closed facilities for prolonged periods of
time. In addition, it is seriously concerned that the Orderly Returns Act will lower the
threshold for detention, including by authorizing preliminary detention for asylum seekers
under the Dublin III Regulation and detention for investigative purposes.
28.
The Committee is seriously concerned that asylum seekers are obliged to stay in
Anker centres (Zentren für Ankunft, Entscheidung, Rückführung) for up to 18 months. It
takes note that asylum seekers are allowed to enter and exit these centres, but remains
concerned that, due to the isolated location of many of them and the difficulty in accessing
vital medical and social services elsewhere, they are still institutions in which liberty is
restricted. The Committee regrets the lack of information on how these centres are
inspected and monitored to prevent torture and ill-treatment.
29.
The Committee expresses its concern at reports that the conditions for asylum
seekers and undocumented migrants in detention and Anker centres fail to meet
international standards, including reports of coercive use of force to carry out deportations.
It is further concerned that deportations can be carried out without notice, leaving no
opportunity for the individuals concerned to pack their belongings.
30.
The Committee is gravely concerned by reports of violence against asylum seekers
and refugees, as well as their residences. Though the Committee commends the efforts
made by the State party in adopting the National Action Plan against Racism – Positions
and Measures to Deal with Ideologies of Inequality and Related Discrimination, and takes
note of the fact that such attacks have been declining, it remains gravely concerned that
violence based on xenophobia, racism, anti-Semitism and islamophobia continues and that
specific attacks are being recorded. The Committee regrets the lack of information provided
by the State party on the measures taken to protect individuals from violence based on
xenophobia, racism, anti-Semitism and islamophobia (arts. 11 and 16).
31.
The State party should ensure that:
(a)
Asylum seekers are only detained as an exceptional measure of last
resort for as short a period as possible and in facilities that are appropriate for their
status and such detention is carried out in accordance with international human rights
standards, including revised deliberation No. 5 of the Working Group on Arbitrary
Detention on deprivation of liberty of migrants (see A/HRC/39/45, annex);
(b)
The legal regime of alien detention is suitable for its purpose and is
strictly differentiated from the regime of penal detention. In particular, solitary
confinement should not be used as a disciplinary measure against detained asylum
seekers and undocumented migrants;
(c)
Asylum seekers and undocumented migrants who are deprived of their
liberty have adequate access to an independent and effective mechanism for
addressing complaints of torture and ill-treatment;
(d)
Independent national and international monitoring bodies and nongovernmental organizations regularly monitor all places in which asylum seekers and
migrants are deprived of their liberty or their liberty is restricted, including in the
Anker centres, and all incidents and allegations of torture and ill-treatment of asylum
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