CAT/C/ARG/CO/5-6 about the recent adoption of the Decree of Necessity and Emergency No. 70/2017, which repealed some of the guarantees contained in Migration Act No. 25871 and introduced a procedure for the summary expulsion of migrants, which drastically reduced the time frame for appealing against expulsion. Despite the assurances by the State party delegation that the Decree respects due process guarantees, the Committee notes that the Decree requires persons subject to expulsion to prove beyond doubt that they lack economic resources and are consequently eligible for free legal aid, thus making it difficult for them to receive such aid. The Decree also provides for the detention of migrants from the start of the summary procedure right through to their expulsion, which could be as long as 60 days, with no consideration of whether less coercive measures might be applied or whether the person concerned constitutes a flight risk (art. 3). 34. The State party should: (a) Ensure that no one may be expelled, returned or extradited to another State where there are substantial grounds for believing that he or she could face a personal and foreseeable risk of being subjected to torture, and refrain from accepting diplomatic assurance with regard to such persons; (b) Repeal or amend the provisions of the Decree of Necessity and Emergency No. 70/2017 in order to ensure that persons subject to expulsion may be granted enough time to challenge the decision at the administrative or judicial level and be given access to immediate free legal aid to appear before any court during the expulsion process; (c) Ensure that migration legislation and regulations allow for detention for migration-related reasons only as a measure of last resort, after less invasive alternative measures have been duly considered and exhausted, where it has been deemed necessary and proportionate and for as short a period as possible. The State party should also establish effective judicial oversight of orders for the detention of persons for migration-related reasons. Detention and ill-treatment motivated by discrimination 35. The Committee reiterates the concern that it expressed in its previous concluding observations (see CAT/C/CR/33/1, para. 6 (g)) with regard to discrimination on the basis of racial profiling and the ill-treatment and violent intrusion into the homes of persons of African descent and migrants from other Latin American countries by the security forces. The Committee is also concerned about reports of degrading searches of transgender and transvestite persons on the public street or in police stations and their detention in humiliating conditions, particularly in Buenos Aires province. Although it welcomes the measures mentioned by the State party delegation to improve the integration of transgender women in detention, the Committee continues to be concerned about the lack of implementation of such programmes in provincial prisons and police stations. The Committee notes with concern that 3,470 complaints of discrimination were lodged in 2016, almost twice the number lodged the previous year, and regrets the lack of information on the follow-up to those complaints (arts. 2 and 16). 36. The State party should: (a) Issue clear instructions to the security forces at both federal and provincial level to observe the prohibition of discrimination against persons in detention and respect the dignity of such persons when they are subjected to a body search, in cases where such a search is strictly necessary and where there is no alternative; (b) Ensure that all cases of arbitrary detention, violence towards and illtreatment of persons because of their foreign origin, sexual orientation or gender identity are investigated, with a view to prosecuting and punishing the perpetrators of such acts and suspending the officials involved; and (c) Ensure the adoption of policies and programmes specifically aimed at the integration and protection of persons detained on the basis of their sexual GE.17-08409 9