A/65/44 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. Non-refoulement (18) The Committee is seriously concerned by the numerous reports of expulsion, return or deportation, including several cases concerning recognized refugees or asylum-seekers registered with UNHCR, in violation of the non-refoulement principle contained in article 3 of the Convention. The Committee is further concerned at reports that the participation of the Syrian Arab Republic in the so-called “war on terror” has resulted in secret detentions and renditions of terrorism suspects, in breach of the principle of non-refoulement (art. 3). The State party should formulate, adopt into its domestic law and effectively implement legal provisions in line with article 3 of the Convention, including guaranteed fair treatment at all stages of the proceedings and an opportunity for effective, independent and impartial review of decisions on expulsion, return or extradition. 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 would be in danger of being subjected to torture or ill-treatment. Furthermore, the State party should ensure protection from refoulement, including by refraining from expelling or forcibly returning persons who hold a UNHCR Refugee Certificate or Asylum Seeker Certificate. Furthermore, the State party should establish an independent investigation to follow up on allegations of its involvement in “extraordinary renditions” and inform the Committee of the outcome of such investigation in its next periodic report. (19) The Committee is further concerned about the continued administrative detention, for indefinite — and thus arbitrary — periods of time, of Iranian nationals of Arab (Ahwazi) ethnic descent pending deportation (art. 3). 132 GE.10-44721

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