UN Committee against Torture critises treatment of asylum seekers in Concluding Observations on Poland, Belgium, Latvia, Portugal and Andorra

Date: 
Tuesday, December 3, 2013

The Committee's 51st session, which closed on 22 November 2013, resulted in a number of Concluding Observations and recommendations, including for the following countries.

Poland

While the Committee against Torture welcomes the alternatives to detention, introduced by amendment to the Aliens Act entering into force on May 2014, it expresses concern about the possibility of detaining children in guarded centres or in prison-like conditions for the purpose of deportation, without providing them with access to qualified free legal assistance. The Committee also criticises Poland’s non-compliance with the principle of non-refoulement enshrined in the Refugee Convention, i.e. sending back a person to a country where there was a risk of being subjected to torture without having access to an effective remedy before an impartial and independent body with suspensive effect. The Committee raises further concerns about the lack of a proper legal aid system and effective mechanisms to identify torture victims during asylum procedures based on the Istanbul Protocol.

The Committee recommends that Poland guarantees fair treatment of asylum seekers at all stages of proceedings, which includes ensuring the opportunity for effective, impartial and independent review, with suspensive effect, of decisions on expulsion, return or extradition. Furthermore, Poland should refrain from detaining asylum-seekers, including children, and guarantee access to independent, qualified and free legal advice and representation for all, including those who are in or may face detention.  The Committee also recommends that Poland take all necessary measures to ensure that torture victims within the asylum process are identified and provided with required support, including treatment and counseling.

Belgium

The Committee expresses concern regarding Belgium's detention of asylum seekers, sometimes for as long as nine months, pending their progress through the Dublin procedure. Belgium is urged to ensure that detention of asylum seekers is used only as a last resort, only when necessary, and for as short a period as possible. The Committee also calls on the authorities to establish and implement alternatives to the detention of asylum seekers. Alongside detention, the Committee also notes the government’s attempts to rely on diplomatic assurances to deport migrants who may face torture or other ill-treatment in their home country, thereby risking a violation of the principle of non-refoulement.

Latvia

Concluding observations on Latvia state that the detention of asylum seekers is not being used as a last resort measure. The Committee indicates that children as young as 14 are being detained. The Committee is also concerned about the non-suspensive effect of appeals against negative decisions under the accelerated asylum procedure, which raises refoulement concerns. Latvia, like Portugal and Andorra (see below), is recommended to provide training on the Istanbul Protocol – on the investigation and documentation of cases of torture - to all medical personnel and other officials involved in dealing with asylum seekers.

Portugal

Overcrowding of the Refugee Reception Centre, which accommodates asylum seekers during the admissibility phase, is highlighted as a problem. The Committee recommends that Portugal increases its accommodation capacity and ensures the provision of adequate supplies, such as medical care, adequate food, water and personal hygiene items.

Andorra

Andorra is advised to create a refugee status determination procedure and to take clear legal measures to ensure that persons are not expelled, returned or extradited to another state where they may be subject to torture.

Read the Committee against Torture's Concluding Observations for Poland, Belgium, Latvia, Portugal, and Andorra on the Committee's main page for the 51st session.


This item was reproduced with the permission of ECRE from the weekly ELENA legal update supported by the Fundamental Rights and Citizenship Funding Programme and distributed by email. The purpose of these updates is to inform asylum lawyers and legal organizations supporting asylum seekers and refugees of recent developments in the field of asylum law. Please note that the information provided is taken from publicly available information on the internet. Every reasonable effort is made to make the content accurate and up to date at the time each item is published but no responsibility for its accuracy and correctness, or for any consequences of relying on it, is assumed by ECRE, the IRC or its partners.

Tags: 
UN Committee against Torture
Poland
Belgium