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