CAT/C/YEM/CO/2 17. Non-refoulement 22. The Committee remains concerned at numerous cases of forced return of foreign nationals, including to Egypt, Eritrea and Saudi Arabia, without the individuals being able to oppose it by means of an effective remedy, which may be in breach of the obligations imposed by article 3 of the Convention. The Committee also regrets the lack of information on measures taken by the State party to ensure that those foreign nationals did not run a real risk of being subjected to torture or inhuman or degrading treatment in the country of destination, or that they would not be subsequently deported to another country where they might run a real risk of being subjected to such torture or ill-treatment, as well as the lack of any follow-up measures taken by the State party in this respect (art. 3). Under no circumstances should the State party expel, return or extradite a person to a State where there are substantial grounds for believing that he or she would be in danger of being subjected to torture or ill-treatment. The State party should ensure that it complies fully with article 3 of the Convention and that individuals under the State party’s jurisdiction receive appropriate consideration by its competent authorities and guaranteed fair treatment at all stages of proceedings, including an opportunity for effective, independent and impartial review of decisions on expulsion, return or extradition. When determining the applicability of its non-refoulement obligations under article 3 of the Convention, the State party should examine thoroughly the merits of each individual case, ensure that adequate judicial mechanisms for the review of the decision are in place and ensure effective post-return monitoring arrangements. Such assessment should also be applied with regard to individuals who may constitute a security threat. 18. National human rights institution 23. The Committee notes that, while the State party is considering the establishment of an independent national human rights institution, such an institution has not yet been created. The Committee also notes that the Human Rights Ministry has a mandate to receive complaints, but regrets the lack of information on how the complaints received by the Ministry are dealt with, as well as on investigations, prosecutions and criminal and/or administrative punishments of perpetrators (arts. 2, 11 and 12). The State party should, as a priority, continue to work towards establishing a national human rights institution in accordance with the Principles relating to the status and functioning of national institutions for protection and promotion of human rights (the Paris Principles) adopted by the General Assembly in its resolution 48/134. The State party is also requested to provide information, including statistical data, on the complaints received by the Human Rights Ministry and on any investigation, prosecution and criminal and/or administrative punishment of perpetrators. 19. The situation of women in detention 24. The Committee expresses its serious concern at information that prisons’ conditions are not suitable for women, that there are no female guards in female prisons, with the exception of the Hajah detention centre or specific health care for women prisoners, including for pregnant women and for their children. Women in detention are frequently harassed, humiliated and ill-treated by male guards, and there are allegations of sexual violence, including rape, against women in detention. The Committee reiterates its concern with regard to the situation of women who have served their prison sentence but who remain in prison for prolonged periods, owing to the refusal of their guardian or family to receive them home upon completion of their sentences or because they are unable to pay GE.09-46826 9