CAT/C/TUR/CO/4 (c) Ensure that in practice no one may be expelled, returned or extradited to another State where there are substantial grounds for believing that he or she would run a personal, foreseeable risk of being subjected to torture; (d) Undertake effective and impartial investigations into the shooting incidents at the southern border; (e) Formulate clear guidelines and related training on the identification of torture victims among asylum seekers. Agreement of 18 March 2016 between the European Union and Turkey 25. While taking note of the explanations offered by the State party’s delegation regarding the content and initial results of the agreement between the European Union and Turkey on “the migrant crisis”, which took effect on 20 March 2016, the Committee regrets the lack of information from the State party concerning concrete measures adopted to accommodate returned refugees, asylum seekers and irregular migrants under this agreement. Furthermore, the Committee is deeply concerned at the lack of assurances that applications for asylum and international protection will be individually reviewed and that individuals filing such applications will be protected from refoulement and collective return. Readmission agreements signed by the State party with other States reinforce the Committee’s concern (art. 3). 26. The State party should: (a) Take the measures necessary to ensure appropriate reception conditions for returned refugees, asylum seekers and irregular migrants; (b) Refrain from detaining asylum seekers and irregular migrants for prolonged periods, use detention only as a measure of last resort and for as short a period as possible and promote alternatives to detention; (c) Reinforce the capacity of the General Directorate of Migration Management to substantively assess all individual applications for asylum or international protection, without any discrimination based on regional origin, and guarantee access to free, qualified and independent legal aid during the entire procedure; (d) Ensure that all returnees have the opportunity for an individual review and are protected from refoulement and collective returns. National human rights institution 27. The Committee is concerned that the new law establishing the Human Rights and Equality Institution of Turkey, which replaced the Turkish National Human Rights Institution, provides for the appointment of eight of its members by the Cabinet and three others by the President, thereby undermining its independence. The Committee notes the explanation by the delegation that the new national human rights institution is also required to perform additional functions as the national mechanism for the prevention of torture (art. 2). 28. The State party should take appropriate legal measures to ensure the functional, structural and financial independence of the Human Rights and Equality Institution and to guarantee that the appointment of its members is in full compliance with the principles relating to the status of national institutions for the promotion and protection of human rights (the Paris Principles). In addition, the State party should ensure that the Human Rights and Equality Institution effectively fulfils its mandate as a national preventive mechanism, with a dedicated structure and adequate 7

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