CAT/C/CZE/CO/4-5
restrictions on the freedom of movement of asylum seekers in closed reception centres; and
the regime and material conditions of detention in centres for foreign nationals awaiting
deportation (arts. 3 and 11).
The Committee recommends that the State party implement alternatives to detention
of asylum seekers, including unconditional release, in particular of families with
children and asylum seeking adults who are responsible for children; that asylum
seekers enjoy freedom of movement in closed reception centres, with adequate
reception conditions; that the State party review the duration of restrictions on
freedom of movement of asylum seekers in closed reception centres and that it review
the regime and material conditions in centres for foreign nationals awaiting
deportation in order to ensure that they are in conformity with the principle of nonrefoulement set out in article 3 of the Convention and in the 1951 Convention on the
Status of Refugees
Training
18.
The Committee is concerned about the State party’s assertion that signs of physical
and psychological injuries caused by torture are so specific that an experienced medical
worker does not require training (art. 10).
The Committee recommends strongly that training in detecting signs and treating
physical and psychological injuries resulting from torture and ill-treatment outlined
in the Manual on Effective Investigation and Documentation of Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment (Istanbul Protocol) be made
part of the training for nursing, medical personnel, paramedical personnel and other
professionals involved in the documentation and investigation of allegations of torture
and ill-treatment to ensure that every case of torture is detected and the perpetrators
duly punished.
Stateless persons
19.
While noting that the State party has ratified the 1954 Convention relating to the
Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness, The
Committee is concerned about the particularly vulnerable situation of stateless persons, in
particular persons without valid documents and permanent residence in the State party;
about the absence of a definition of statelessness, of a central database of stateless persons
and of a legal framework, and of a procedure or mechanisms to determine their status; and
about the possible discrimination between different categories of stateless persons under the
new Citizenship Act (arts. 3 and 16).
The Committee recommends that the State party introduce the definition of
statelessness in its legislation, establish procedures and mechanisms for the
determination of the status of statelessness and create a central database on stateless
persons in its territory. In order to avoid discrimination among different categories of
stateless persons, the State party should review the provisions in the draft Citizenship
Act relating to acquisition of nationality by children who would otherwise be stateless
or who are born out of wedlock to foreign stateless mothers. In addition, the
Committee recommends that stateless persons be provided with identification
documents.
Surgical castration of sex offenders
20.
The Committee is concerned about the continued use of surgical castration for
detained sex offenders. The Committee is concerned that surgical castration usually takes
place in the context of a measure of protective treatment (mandatory treatment in a
psychiatric hospital) and that article 99 of the Penal Code implies that patients can be
placed and treated without their consent. It is also concerned that the detention of sex
offenders under the new Act on “forensic detention” may be of an indefinite nature. The
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