A/66/44
(c)
Ensure that all recognized refugees have access to international
protection provided by UNHCR;
(d)
Ensure effective access to the asylum procedure for apprehended
foreigners kept in detention and introduce suspensive effect of deportation
proceedings during consideration of asylum requests;
(e)
Ensure access of UNHCR personnel, in line with the Ministry of Interior
circular on asylum-seekers and refugees, to persons in detention who wish to apply for
asylum, so as to ensure their right to do so;
(f)
Ensure access of lawyers to asylum-seekers and refugees in detention so
as to ensure their right to challenge decisions concerning their asylum application or
other aspect of their legal status before appropriate legal tribunals.
Monitoring and inspections of places of detention
(16) While noting information provided by the representative of the State party on the
role of the Human Rights Inquiry Commission of the Parliament and welcoming that visits
by human rights defenders to places of detention are permitted, the Committee regrets the
absence of a formal regulation that allows for independent monitoring and visits by
representatives of civil society to such places. The Committee also regrets the lack of
information on the implementation of main recommendations and findings by the
institutions referred to in paragraphs 58–68 in the State party’s report that are authorized to
inspect places of detention (arts. 2, 11 and 16).
The State party should provide information on formal regulations allowing
independent visits to places where persons are deprived of their liberty by civil society
representatives, lawyers, medical personnel, and members of local bar associations.
The State party should also provide the Committee with detailed information on
follow-up measures and activities pursuant to findings and recommendations by State
institutions, including those referred to in paragraphs 58–68 of the State party’s
report.
Detention conditions
(17) The Committee is seriously concerned at reported overcrowding in places of
detention in the State party and notes the frank acknowledgment by the representative of
the State party that the situation is “unacceptable”. In view of information provided by the
State party on a total occupancy rate of 120,000 prisoners, half of whom are prisoners on
remand, the Committee is concerned at the lack of consideration of alternative measures to
deprivation of liberty by judicial authorities and at excessively long pretrial detention,
especially of those tried in the new heavy penal courts. The Committee furthermore notes
with concern information that certain privileges relating to group activities of prisoners can
be restricted for persons accused of, or convicted for, terrorist or organized crime offences
and held under solitary confinement in F-type prisons. While welcoming that recording of
interrogations can be requested by the judge as evidence in criminal proceedings, the
Committee is concerned that at present only 30 per cent of police stations are equipped with
video surveillance cameras and that such cameras are alleged to fail in many cases. The
reported lack of funding to reduce overcrowding by means of the construction of new
penitentiary institutions, the high number of vacancies of prison personnel (approximately
8,000) referred to by representative of the State party, the shortage of medical personnel
and reported shortcomings in access to health care of ill prisoners in the State party, are also
matters of concern to the Committee. The Committee further notes with concern that
information on detention facilities can be subject to restrictions under the Law on the Right
to Access Information (Law No. 4982) (arts. 2 and 16).
70
GE.11-45568
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