CAT/C/ISR/CO/5
months of mandatory residence in the “Holot” open facility, of which certain groups of
persons, such as women and children, are exempted (arts. 2, 11 and 16).
45.
The State party should take the legislative and other measures necessary with a
view to ensuring that the detention of persons entering its territory irregularly is only
used as a last resort, when determined to be strictly necessary and proportionate in
each individual case, and for as short a period as possible.
Asylum seekers and refugees
46.
The Committee is concerned at the low recognition rate of refugees and regrets not
receiving clarifications about the “prima facie rejection procedure”. The Committee takes
note of the information provided by the State party concerning the criteria to be met before
signing agreements with third countries for the relocation of nationals of Eritrea and the
Sudan who entered the State party irregularly; however, it regrets that these agreements are
made confidential by the countries involved, which hinders public scrutiny of whether the
protection needs of the persons to be relocated would be adequately covered. While noting
that the State party’s delegation stated that, according to the information available to them,
there were no violations to the principle of non-refoulement with regard to the persons
relocated in the context of the said agreements, the Committee is concerned by information
that some of the Sudanese and Eritrean nationals who were relocated in 2014 and 2015
pursuant to these agreements did not receive permission to stay in the third countries and
therefore faced a risk of being sent to their countries of origin. While taking note that the
“coordinated return procedure” with Egypt was put on hold in March 2011, the Committee
is also concerned at allegations of incidents taking place after that date when Israeli
Defence Forces reportedly returned people to Egypt shortly after they crossed the border
without conducting an interview. The Committee notes with appreciation the procedure in
place for the identification of victims of trafficking and the rights afforded to them,
including shelter and free legal aid. While noting that victims of trafficking could have also
been victims of torture and that upon arrival at “Saharonim” detention centre all persons are
examined by a physician, the Committee is concerned that the measures taken by the State
party do not seem to fully ensure the effective identification of victims of torture among
asylum seekers and to guarantee that they receive adequate State-sponsored holistic
rehabilitation support and free legal aid when they do not qualify as victims of trafficking
(arts. 2, 3, 14 and 16).
47.
The State party should:
(a)
Guarantee in practice that all asylum seekers have access to efficient
refugee status determination procedures that include a thorough examination of the
merits of each individual case under article 3 of the Convention;
(b)
Ensure that effective procedures are in place to identify as early as
possible all victims of torture among asylum seekers, in particular by conducting
thorough medical and psychological examinations, and that, when signs of torture or
traumatization have been detected, victims have immediate access to specialized
medical and psychosocial services;
(c)
Guarantee that all asylum seekers have access to independent, qualified
and free-of-charge legal assistance during the entire asylum procedure;
(d)
Refrain from removing any person from the State party without
previously conducting a thorough risk assessment of situations covered by article 3 of
the Convention;
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