suspensive effect of its enforcement.
vii) Paragraph 18(f)
39. The wording of paragraph 18(f) calling for “training of all officials dealing with persons under
procedures of deportation” could be interpreted more narrowly than the requirements outlined by this
Committee in previous Concluding Observations and jurisprudence. The current draft thus risks
excluding relevant persons, for example, members of the judiciary who adjudicate over claims against
decisions for the involuntary transfer of persons.64 Para 18(f) in the General Comment should therefore
be expanded to include officials involved in extradition and other proceedings and to reflect the
Committee’s calls for effective training for officials.65
Recommended textual changes:
States parties should disseminate information and provide An effective training about the respect of the
provisions of Article 3 of the Convention in order to avoid decisions contrary to that Article of to all
officials - including members of the judiciary, executive agencies and law enforcement, military and
healthcare professionals - dealing with persons under procedures of deportation threat of involuntary
transfer about the respect of the provisions of Article 3 of the Convention in order to avoid decisions contrary
to that Article; and
viii) Paragraph 18 (g)
40. This Committee’s consistent references to the Istanbul Protocol recognise its authoritative nature,
leading the Committee to express concern where “medical personnel who come into contact with
persons deprived of their liberty, asylum-seekers and other aliens are not systematically trained in [its]
provisions.”66 The wording of the draft General Comment does not fully reflect the recommendations
previously adopted by this Committee in this regard.67 The General Comment should thus be revised
to make clear the range of officials who should be provided with effective training and to specify that
this training must reflect the standards identified in the Istanbul Protocol.
Recommended textual change:
18 (g) An e Ensuring effective training of medical health professionals – including medical and
psychological personnel - and other personnel dealing with vulnerable persons, including detainees,
migrants and asylum seekers, children and victims of sexual or other gender-based violence in identifying
and documenting signs of torture, taking into account based on the Manual on the Effective Investigation and
Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (the Istanbul
Protocol).
64
CAT, Concluding Observations: Paraguay, UN Doc. CAT/C/PRY/CO/4-6, 14 Dec. 2011, para. 17; CAT, Concluding
Observations: Bulgaria, UN Doc CAT/C/BGR/CO/4-5, 14 Dec. 2011, para. 16; CAT, Concluding Observations: France,
UN Doc. CAT/C/FRA/CO/4-6, 20 May 2010, para.14.
65
See for example, CAT, Concluding Observations: Portugal, UN Doc. CAT/C/PRT/CO/5-6, 23 Dec. 2013, para. 20;
CAT, Concluding Observations: Italy, UN Doc. CAT/C/ITA/CO/4, 16 July 2007, para. 15; CAT, Concluding
Observations: Spain, UN Doc. CAT/C/ESP/CO/6, 29 May 2015, para. 23.
66
CAT, Concluding Observations: Finland, UN Doc. CAT/C/FIN/CO/7, 20 January 2017, para. 13; CAT, Concluding
Observations: Spain, UN Doc. CAT/C/ESP/CO/6, 29 May 2015, para. 23.
67
See for example, CAT, Concluding Observations: Netherlands, UN Doc. CAT/C/NLD/CO/5-6, 20 June 2013. para.
12(b); CAT, Concluding Observations: Norway, UN Doc. CAT/C/NOR/CO/6-7, 13 Dec. 2013, para.18; CAT,
Concluding Observations: Portugal, UN Doc. CAT/C/PRT/CO/5-6, 23 Dec. 2013, para. 20.
20
AI Index: IOR 40/6040/2017
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