CAT/C/DEU/CO/6 there are any grounds for believing that a person would be at risk of torture or illtreatment upon return. 25. While noting with satisfaction the efforts made by the State party to respond to the large influx of asylum seekers and undocumented migrants arriving in its territory, the Committee is concerned at reports alleging that the State party has acted in breach of the principle of non-refoulement in a few cases during the period under review. In particular, the Committee is concerned that: (a) The accelerated asylum procedures, applied to asylum seekers from countries of origin that are designated as “safe”, as well as “Dublin cases”, may not allow a thorough assessment of whether asylum seekers and refugees are victims of torture or ill-treatment, or are at risk of torture or ill-treatment upon deportation or transfer, including for vulnerable persons such as pregnant women and families with children under the age of 3; (b) Asylum seekers and refugees under the accelerated asylum procedures are allowed only one week to file an appeal if their application for asylum is rejected, and this appeal does not have an automatic suspensive effect; (c) The State party deported an asylum seeker, Sami Aidoudi, to his country of origin before a court order staying the deportation was issued. The Committee is seriously concerned that, despite a subsequent legal order calling for his return based on the deportation being unlawful, the State party has not taken measures to retrieve him; (d) Medical examinations are still not conducted systematically and on a mandatory basis by qualified and independent staff upon arrival in detention centres and other facilities in which asylum seekers and undocumented migrants are held, to identify vulnerable persons, such as victims of torture, record any indications as to their claims and provide them with support services; (e) The Orderly Returns Act, adopted by Parliament on 7 June 2019, could further diminish existing safeguards against the risk of refoulement through its accelerated deportation procedures (art. 3). 26. The State party should adopt all the necessary legislative, administrative and other measures to ensure compliance with the principle of non-refoulement set out in article 3 of the Convention. In particular, the State party should: (a) Allow sufficient time for asylum seekers to indicate fully the reasons for their applications, obtain and present crucial evidence in order to guarantee fair and efficient asylum procedures and ensure sufficient time to appeal, with suspensive effect, thus ensuring the legitimacy of applications for protection by refugees and other persons in need of international protection is duly recognized and refoulement is prevented; (b) Ensure that all asylum seekers, including those from “safe countries of origin” and “Dublin cases”, have access to fair asylum procedures, including an interview to evaluate their risk of being subjected to torture and ill-treatment in their countries of origin; (c) Refrain from transferring individuals, in particular vulnerable persons, including pregnant women, families with children under the age of 3 and those with severe mental health conditions, to third countries in which the lack of adequate accommodation, medical services, social services, nutrition, sanitation and protection from criminal activity, exploitation and abuse strongly indicates that these individuals would be subject to torture or ill-treatment upon their return; (d) Refrain from deporting asylum seekers to countries of origin in which the presence of armed conflict with widespread civilian casualties and the absence of the rule of law, in practice, strongly indicates that they would be subject to torture or ill-treatment upon their return; (e) Respect legal orders concerning deportations and uphold safeguards designated to prevent refoulement, including by ensuring that all asylum seekers and 5

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