A/66/44
complaint or any evidence given. The Committee requests the State party to clarify
whether acts of torture and ill-treatment are subject to ex officio investigation and
prosecution and 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. This information should be disaggregated by sex, age and ethnicity of the
individual bringing the complaints and indicate which authority undertook the
investigation.
Refugees and asylum-seekers
(19) While acknowledging the State party’s generous policy to admit and grant
permission to stay to a significant number of nationals from Eritrea, Somalia and Sudan, the
Committee notes with concern that decisions taken by the National Intelligence and
Security Service (NISS) denying refugee status or ordering deportation can only be
appealed to the Grievance Hearing Committee or the Appeal Hearing Council, respectively,
both of which are composed of representatives of various Government departments. The
Committee also notes with concern that the State party has not acceded to the Convention
relating to the Status of Stateless Persons or to the Convention on the Reduction of
Statelessness (arts. 2, 3, 11 and 16).
The State party should ensure that foreign nationals whose refugee or asylum
applications have been rejected by the National Intelligence and Security Service
(NISS) can appeal such decisions and deportation orders against them to court. The
Committee recommends that the State party consider becoming a party to the
Convention relating to the Status of Stateless Persons and to the Convention on the
Reduction of Statelessness.
Abductions
(20) The Committee is concerned at reports that, under the pretext of fighting terrorism,
the State party has allegedly abducted terrorism suspects from other countries, including
Somalia, in breach of the Convention (art. 3).
The State party should refrain from abducting terrorism suspects from other
countries where they may enjoy the protection of article 3 of the Convention. The
State party should allow for an independent investigation into allegations of such
abductions, in particular when followed by secret detention and torture in the State
party, and inform the Committee of the outcome of such investigation in its next
periodic report.
Training
(21) The Committee takes note of the information on training, seminars and courses on
human rights for judges, prosecutors, police and prison officers and soldiers included in the
State party’s report and provided during the oral presentation. At the same time, it notes
with concern the information in the report (para. 14) concerning the lack of awareness
about the Convention on the part of law enforcement officials, the prevailing view that a
certain degree of coercion is a necessary means of interrogation and the lack of forensic
expertise and skills and knowledge on adequate investigation techniques in the State party
(art. 10).
The State party should further develop and strengthen educational programmes to
ensure that all officials, including judges, law enforcement, security, army, intelligence
and prison officials are fully aware of the provisions of the Convention, especially the
absolute prohibition of torture, and of the fact that breaches of the Convention will
not be tolerated and will be promptly and impartially investigated, and that offenders
will be prosecuted. Furthermore, all relevant personnel, including medical personnel,
GE.11-45568
47
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