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both Venezuelan nationals, in 2014. The Committee takes note of the fact that the State
party has asserted that, in accordance with international instruments, the principle of nonrefoulement does not apply to refugees who are deemed, on the basis of substantial grounds,
to constitute a security threat to the country in which they are located. In that regard, the
Committee recalls that article 3 of the Convention affords absolute protection to all persons
in the territory of the State party, regardless of the nature of that person and regardless of
the danger that he or she may pose to society (see CAT/C/52/D/475/2011 and Corr.1, para.
10.4, and CAT/C/48/D/444/2010, para. 13.7). Finally, the Committee finds it regrettable
that it has not received the information it requested regarding the acceptance of diplomatic
guarantees as a safeguard against torture or ill-treatment (art. 3).
The State party should:
(a)
Rescind or amend provisions that bar persons in transit at border
checkpoints from submitting asylum applications to migration authorities;
(b)
Ensure that 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;
(c)
Refrain from requesting or accepting diplomatic assurances when there
are substantial grounds for believing that the person concerned would be in danger of
being subjected to torture.
Excessive use of force
16.
The Committee is concerned at the number of persons who have been shot to death
or wounded by gunshot during confrontations between demonstrators and security forces in
the course of social protests. It finds it regrettable that the State party has not provided
detailed information on the investigations now under way in this connection. The
Committee is also concerned by allegations of police mistreatment of demonstrators (arts. 2,
12, 13 and 16).
The State party should ensure that all complaints regarding the excessive use of force
by law enforcement officers or military personnel are investigated in a prompt,
effective and impartial manner. It should also ensure that persons suspected of
committing such acts are brought to trial and, if found guilty, are punished in a
manner that is commensurate with the gravity of their acts. Victims or their families
should also receive appropriate redress. In addition, the State party should train all of
its law enforcement officers in the proper use of force and should regulate the use of
firearms by its security forces in accordance with the Basic Principles on the Use of
Force and Firearms by Law Enforcement Officials (1990).
Prison conditions
17.
While taking note of the State party’s efforts to expand the capacity and improve
conditions in the country’s prisons, the Committee is concerned by the increased
overcrowding of these facilities, which has led the Constitutional Court to characterize the
situation as an “unconstitutional state of affairs” (Decision No. T-388/13 of 28 June 2013).
The Committee is concerned by reports that the wings for women inmates located in men’s
prisons lack the necessary infrastructure and services for women prisoners. The Committee
is concerned by the fact that health-care services in the country’s prisons display serious
shortcomings, as has been acknowledged by the State party’s delegation (arts. 2, 11 and 16).
GE.15-08413
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