CAT/C/CYP/CO/4
The State party should:
(a)
Vigorously enforce the new legislative framework and promptly,
thoroughly, effectively and impartially investigate, prosecute, convict and punish
trafficking offenders, including officials involved, with appropriate penalties;
(b)
Provide specialized training to the police, prosecutors and judges on the
application of the new Law 60(I)/2014 and on the effective investigation, prosecution
and punishment of acts of trafficking, and to immigration officers and social workers
on the identification of victims of trafficking, including victims of torture among the
trafficked persons;
(c)
Monitor and assess the new visa regime to prevent its potential misuse by
traffickers and urgently activate the national referral mechanism;
(d)
Undertake an impact assessment of the national plans, with a view to
increasing their efficiency;
(e)
Provide an effective remedy to all victims of the crime of trafficking,
ensuring prompt and adequate psychological support, medical care, access to welfare
benefits, adequate shelter and work permits for them, irrespective of their ability to
cooperate in the legal proceedings against traffickers.
Identification of victims of torture during the refugee determination process
11.
While recognizing that the government medical council that assesses potential
victims of torture during the asylum process was reinforced in 2012 with a psychologist, the
Committee is concerned about information indicating that the process still does not include
as a routine measure a psychological/psychiatric evaluation of victims. The Committee also
notes with concern the insufficient interpretation during the medical assessment, which
reportedly led to children of torture claimants assuming the role of interpreters, as well as
information indicating that none of the medical evaluations determined that torture had
been the cause of the findings. The Committee also takes into account information
indicating that, to date, there is no procedure in place for the timely identification of victims
of torture arriving in the State party (arts. 2, 3 and 16).
The State party should:
(a)
Urgently improve the screening system introduced by the Asylum
Service to ensure that effective measures are in place to identify as early as possible
victims of torture and trafficking, and provide them with immediate rehabilitation
and priority access to the asylum determination procedure;
(b)
Provide a thorough medical and psychological examination and report,
in accordance with the procedures set out in the Manual on the Effective Investigation
and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment (the Istanbul Protocol), by trained independent health experts, with
the support of professional interpreters, when signs of torture or traumatization have
been detected during the personal interviews before the Asylum Service;
(c)
Provide regular and compulsory training on the procedures established
in the Istanbul Protocol to asylum officers and health experts participating in the
asylum determination procedure, including on training on detecting psychological
traces of torture and on gender-sensitive approaches.
Judicial review with suspensive effect
12.
While noting the decision of the State party to establish a new administrative court
with competence to look into the merits of appeals filed by rejected asylum seekers, the
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