CAT/C/SYR/CO/1
mechanism in regard to their treatment and review procedures in respect to their detention.
The Committee is also concerned at allegations that those detained in such facilities could
be held for prolonged periods without any judicial review, in practice in incommunicado
detention and subject to torture or cruel, inhuman or degrading treatment (arts. 2, 11 and
16).
The State party should ensure that no one is detained in a secret detention facility
under its de facto effective control. As often reiterated by the Committee, detaining
persons in such conditions constitutes, per se, a violation of the Convention. The State
party should also investigate and disclose the existence of any such facilities, the
authority under which they have been established and the manner in which detainees
are treated in such facilities. The Committee urges the State party to close all such
facilities.
Complaint mechanism
16.
Notwithstanding the information provided to the Committee in the State party report
on the possibility for a person to submit to the Office of the Public Prosecutor a complaint
of torture allegedly committed by a public official, the Committee regrets the lack of an
independent complaint mechanism for receiving and conducting impartial and full
investigations into the many allegations of torture reported to the authorities, and for
ensuring that those found guilty are appropriately punished. The Committee also regrets the
absence of information, including statistics, on the number of complaints of torture and illtreatment and results of all proceedings, at both the penal and disciplinary levels (art. 2, 5,
12, 13 and 16).
The State party should take urgent and effective measures to establish a fully
independent complaint mechanism, should ensure prompt, impartial and full
investigations into the many allegations of torture and should prosecute alleged
perpetrators and punish them, as appropriate. The State party should ensure in
practice that complainants are protected against any ill-treatment or intimidation as a
consequence of his/her complaint or any evidence given. The Committee requests the
State party to provide information, including statistics, on the number of complaints
filed against public officials on torture and ill-treatment, as well as information about
the results of the proceedings, at both the penal and disciplinary levels.
Refugees and asylum seekers
17.
While noting with appreciation the State party’s generous policy to admit and grant
permission to stay to a significant number of nationals from Iraq and the Occupied
Palestinian Territories, the Committee is concerned at the absence in the State party of a
national procedure for the determination of refugee status and that the national legislation
on aliens does not recognize any special status attributed by the Office of the United
Nations High Commissioner for Refugees (UNHCR). The Committee notes with concern
that the State party has not acceded to the Convention relating to the Status of Refugees
(1951) and the Optional Protocol (1967) thereto, nor to the Convention relating to the
Status of Stateless Persons (1954) or to the Convention on the Reduction of Statelessness
(1961) (arts. 2, 3, 11 and 16).
The State party should establish a national procedure for determination of refugee
status and amend its national legislation to recognize special status attributed by
UNHCR. The Committee recommends that the State party consider becoming party
to the Refugee Convention, the Optional Protocol thereto and other related
international legal instruments.
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