The State party should also provide the Committee with detailed information on the penitentiary
system, including deaths in custody (including suicides), and the results of any investigation into them
or prosecutions relating to them, as well as on the medical situation of detainees.
Risk of return to torture
(19) The Committee is concerned by the return of persons by the State party to States where there are substantial
grounds for believing that they would be in danger of being subjected to torture, e.g. the recent case of 11 Uzbek
nationals who were returned to Uzbekistan.
Under no circumstances should the State party expel, return or extradite a person to a State where
there are substantial grounds for believing that the person would be in danger of being subjected to
torture. When determining the applicability of its 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 reviewing the decision are in place, sufficient legal defence is available for
each person subject to extradition, and that effective post-return monitoring arrangements are
established.
The State party should provide detailed information to the Committee on any cases of extradition,
return or removal that have taken place during the reporting period, including on the minimum
contents of assurances, if any. In addition, the Committee requests information on measures taken by
the State party to remedy any cases where article 3 safeguards have not been given effect.
Asylum-seekers
(20) The Committee is concerned about the discrimination that asylum-seekers face on grounds of nationality and
the absence of proper asylum procedures, leading to the reported refoulement of asylum-seekers without appropriate
consideration of their individual cases. It also notes with concern the poor and overcrowded conditions of detention
for asylum-seekers.
The State party should adopt the draft laws “On Refugees, Persons Eligible for Complementary and
Temporary Protection” and “On Introduction of Amendments to the Law of Ukraine on the Legal
Status of Foreign and Stateless Persons”. The State party should also adopt asylum procedures in
accordance with international standards as well as improve detention conditions, including by the use
of alternative measures.
Ukrainian Parliament Commissioner for Human Rights
(21) While appreciating the presence of representatives from the Ukrainian Parliament Commissioner for Human
Rights during the dialogue with the State party delegation, the Committee regrets the absence of detailed
information regarding its compliance with the Paris Principles related to the status of national institutions for the
promotion and protection of human rights (General Assembly resolution 48/134) as well as on its independence,
activities and results with regard to the Convention.
The State party should ensure that the Ukrainian Parliament Commissioner for Human Rights
functions effectively as an independent national human rights institution, in accordance with the
Paris Principles, and independently of political activities, as specified in the “Law on the Ukrainian
Parliament Commissioner for Human Rights” of 1997.
The State party should provide the Committee with detailed information on the independence,
mandate, resources, procedures and effective results of the Ukrainian Parliament Commissioner for
Human Rights and ensure that the complaints received by the institution remain confidential so that
complainants are not subjected to any reprisals.
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