CAT/C/KHM/CO/2
inter-ministerial working group on child justice. However, the Committee expresses its
concern at reports of a high number of children in detention, and at the lack of alternatives
to imprisonment. The Committee is also concerned that children are not always separated
from adults in detention facilities. (arts. 2, 11 and 16)
The State party should, as a matter of urgency, establish a separate juvenile
justice system, adapted to the particular needs of juveniles, their status and
special requirements. To this end, the State party should expeditiously enact
the draft Law on Juvenile Justice and ensure that this Law is in conformity
with international standards, and develop corresponding guidelines and
directives for judges, prosecutors and judicial police on the concept of a child–
friendly justice system. The State party should further take all necessary
measures to develop and implement a comprehensive system of alternative
measures to ensure that deprivation of liberty of juveniles is used only as a
measure of last resort, for the shortest possible time and in appropriate
conditions. In addition, the State party should take the necessary measures to
ensure that persons below 18 years of age are not detained with adults.
Refugees, non-refoulement
24.
While welcoming the State party’s adherence to the 1951 Convention relating to the
Status of Refugees, the Committee expresses its concern at the lack of information on
domestic legislation guaranteeing the rights of refugees and asylum-seeking persons,
including unaccompanied children in need of international protection. It is also concerned
at the absence of any legal provisions that would explicitly prohibit the expulsion,
refoulement or extradition of a person to another State where there are substantial grounds
for believing that he or she would be in danger of being subjected to torture. The
Committee is further concerned that numerous individuals have not been afforded the full
protection provided for by article 3 of the Convention in cases of expulsion, return or
deportation. Such cases include the 674 Montagnard asylum-seekers who are no longer in
the State party and the forcible repatriation of 20 Uighur asylum-seekers to China in
December 2009, as well as the lack of information on any measures taken by the State party
to follow-up on their status. (arts. 3, 12 and 13)
The State party should formulate and adopt domestic legislation guaranteeing
the rights of refugees and asylum-seeking persons, including unaccompanied
children in need of international protection. The State party should also
formulate and adopt legal provisions to implement article 3 of the Convention
into its domestic law. Under no circumstances should the State party expel,
return or extradite a person to a State where there are substantial grounds for
believing that he or she would be in danger of being subjected to torture or illtreatment. The Committee requests the State party to ensure appropriate
follow-up with regard to the status of the 674 Montagnard and 20 Uighur
asylum seekers and to provide the Committee with information as to these
cases.
Training
25.
The Committee takes note of the information included in the State party’s report on
training and awareness-raising programmes on human rights for law enforcement
personnel, including the police and judicial police, judges and prosecutors. However, the
Committee regrets the lack of information on targeted and practical training regarding the
obligations under the Convention, notably on the prohibition of torture, the prevention of
torture or investigation of alleged cases of torture, including on sexual violence, for these
groups as well as penitentiary personnel. The Committee also regrets the lack of
information on any training for police and other relevant officials in witness interviewing,
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