A/68/44 Statute of limitations (8) While noting the Act No. 26 of April 2010 abolishing or extending the statute of limitations for certain crimes, the Committee is concerned that the statute of limitations remains in place for acts of torture and ill-treatment, including attempts to commit torture and acts by any person which constitute complicity or participation in torture (arts. 4 and 12). The Committee reiterates its previous recommendation (para. 12) that the State party bring its legislation on the statute of limitations fully in line with its obligations under the Convention, so that perpetrators of acts of torture are prosecuted and convicted in accordance with the gravity of the acts, as required by article 4 of the Convention, without time limitations. Non-refoulement and detention pending deportation (9) The Committee expresses its concern about: (a) The use of lengthy, and in some cases, indefinite detention for asylum seekers under a deportation order according to the Immigration Control and Refugee Recognition Act (ICRRA) as well as the lack of independent review of such detention decision; (b) The restrictive use of alternatives to detention for asylum seekers; (c) The lack of resources and authority of the Immigration Detention Facilities Visiting Committee to effectively discharge its mandate, as well as the appointment of its members by the Ministry of Justice and the Immigration Bureau; (d) Detention of unaccompanied children in Child Consultation Centres, which are often overcrowded and lack resources for hiring interpreters; (e) The lack of effective implementation of article 53 (3) of the ICRRA, which prohibits the removal of a person to any country where he or she may be subject to torture, as proscribed in article 3 of the Convention (arts. 3, 11 and 16). In light of the previous recommendations made by the Committee (para. 14) as well as by the Special Rapporteur on the human rights of migrants, following his mission to Japan in 2011 (A/HRC/17/33/Add.3, para. 82), the State party should: (a) Continue its efforts to bring all legislation and practices relating to the detention and deportation of immigrants or asylum seekers in line with the absolute principle of non-refoulement under article 3 of the Convention; (b) Ensure that the detention of asylum seekers is only used as a last resort, and when necessary, for as short a period as possible, and introduce a maximum period of detention pending deportation; (c) Further utilize alternatives to detention as provided for in the Immigration Control and Refugee Recognition Act; (d) Strengthen the independence, authority and effectiveness of the Immigration Detention Facilities Visiting Committee, inter alia, by providing appropriate resources and authority to ensure effective monitoring detention centres and allowing them to receive and review complaints from immigrants or asylum seekers in detention; (e) Consider acceding to the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Stateless. GE.13-46043 123

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