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 9

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