CAT/C/TLS/CO/1
a 72-hour limit for filing asylum applications and that appeals against the rejection of an
asylum application do not have an automatic suspensive effect.
31.
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 would run a
personal and foreseeable risk of being subjected to torture, including by amending the
Immigration and Asylum Law to eliminate the 72-hour limit for filing asylum claims;
(b)
Guarantee that all persons on the territory or under the jurisdiction of
the State party have effective access to the procedure for determining refugee status;
(c)
Ensure that procedural safeguards against refoulement are in place and
that effective remedies are available with respect to refoulement claims in removal
proceedings, including review by an independent judicial body concerning rejections,
in particular on appeal.
Gender-based violence against women
32.
While noting certain advances by the State party in raising awareness of and
addressing gender-based violence against women, the Committee is concerned at reports of
widespread gender-based violence against women, including domestic violence, the very
low reporting and conviction rates for such crimes and the limited medical, psychological
and legal assistance available to victims. Another matter of concern is the reluctance of the
State party to criminalize marital rape and incest as distinct crimes. The Committee also
regrets the lack of information in the State party’s report on the number of complaints,
investigations, prosecutions, convictions and sentences imposed in cases of gender-based
violence against women during the period under review (arts. 2, 12, 13 and 16).
33.
The State party should:
(a)
Ensure that all cases of gender-based violence against women are
thoroughly investigated, that perpetrators are prosecuted and appropriately
sanctioned and that victims obtain redress, including fair and adequate compensation;
(b)
Define and introduce marital rape and incest as specific criminal
offences in its Criminal Code, with appropriate sanctions;
(c)
Ensure that all victims of gender-based violence are able to access
shelters and receive the necessary medical care, psychological support and legal
assistance;
(d)
Carry out public awareness programmes to encourage women to seek
the assistance of national authorities in protecting them from gender-based violence
and monitor the conduct of police and prosecutors to ensure that the authorities
encourage and respond appropriately to women seeking protection from genderbased violence;
(e)
Conduct effective training on gender-based violence for law enforcement
personnel, judges, lawyers and social workers who are in direct contact with victims.
Abortion
34.
The Committee is particularly concerned that, pursuant to a 2009 amendment to the
State party’s Criminal Code, abortion is a criminal offence in all cases except where
necessary to protect the life of the mother and that the Code does not provide exceptions to
this rule in cases in which compelling a woman to continue a pregnancy could result in her
experiencing severe pain and suffering, particularly in cases of rape, incest or severe fetal
impairment.
35.
The State party should review its legislation in order to allow for legal
exception to the prohibition of abortion in specific circumstances in which the
continuation of pregnancy is likely to result in severe pain and suffering, such as when
the pregnancy is the result of rape or incest or in cases of fatal fetal impairment, in
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