CAT/C/RWA/CO/2
Redress, including reparation
44.
The Committee is concerned that, despite its previous recommendation (see
CAT/C/RWA/CO/1 para. 22), the right of victims of torture to reparation is still conditional
upon the recognition of the offence by the perpetrator or upon liability proven by a court. It
also notes with concern that compensation for victims has been ordered in only two cases of
torture since 2012 (art. 14).
45.
The State party should:
(a)
Amend its legislation and remove the requirement that reparation be
conditional upon the recognition of the offence by the perpetrator, so that the State
party becomes legally responsible for the conduct of its officials and, therefore, liable
to compensate victims of torture and ill-treatment, including in cases where the civil
liability of the State is involved;
(b)
Ensure that all victims of torture and ill-treatment obtain redress,
including an enforceable right to fair and adequate compensation, and the means of
achieving as full a rehabilitation as possible.
Non-refoulement and detention of asylum seekers
46.
While welcoming the new legal framework aimed at strengthening protection
against refoulement, the Committee is concerned at the reported delays in registering
asylum seekers, placing them at risk of being deported. It also expresses concern at the
difficulties in accessing the asylum procedure faced by Turkish residents as well as
Eritreans and South Sudanese relocated from Israel, some of whom have reportedly been
forcibly expelled to neighbouring countries. While acknowledging that the State party has
granted prima facie refugee status to over 80,000 Burundians, and noting the delegation’s
denial of forced returns, the Committee takes note with concern of information reported in
the media that more than 1,000 Burundians were forcibly expelled in May 2016. It is also
concerned at information that in July 2017 several refugees were arrested at Mahama camp
on the ground of possession of drugs, reportedly in disregard of their due process rights.
The Committee is concerned that the arrested refugees could be at risk of deportation. In
the light of this information, the Committee regrets the State party’s failure to provide
information on the time frames observed in the adjudication of asylum claims and on the
use of judicial remedies to challenge deportations (art. 3).
47.
The State party should:
(a)
Ensure that the asylum authorities are provided with sufficient
personnel and resources to be able to register asylum seekers in a timely manner and
adjudicate on asylum claims within the legal time frame;
(b)
Ensure that all asylum seekers, without restriction relating to nationality
or the profile of the claim, are issued with temporary residence permits and that their
claims are processed within the legal time frame;
(c)
Screen all foreign nationals prior to their expulsion or relocation in
order to guarantee at all times that no persons in need of international protection are
expelled to a country where they are in danger of being subjected to acts of torture or
to chain refoulement and that they are granted access to the refugee status
determination procedure;
(d)
Guarantee procedural legal safeguards for refugees and asylum seekers
in police custody as well as their right to be protected from refoulement.
Trafficking in human beings
48.
While noting the data provided by the State party regarding cases of trafficking, the
Committee regrets the lack of information concerning the convictions and the sanctions
imposed on the perpetrators. It also notes the State party’s denial that Rwandan security
forces facilitated or tolerated the recruitment of Burundian refugees into armed groups and
the transport of Congolese refugees, including children, for sex trafficking, despite various
reliable sources reporting about this ongoing practice (arts. 2, 12 and 16).
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