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protect minorities, and integrates a gender perspective. Also, the State party should
undertake an in-depth research on the root causes of this phenomenon in order to
put in place adequate safeguards to ensure full protection of minorities from
discrimination and marginalization, which put them at a higher risk of torture and
ill-treatment.
Non-refoulement and detention of asylum seekers and undocumented migrants
6.
While noting that the Immigration Bill has incorporated the language of article 3 of the
Convention, the Committee notes with concern that asylum-seekers and undocumented migrants
continue to be detained in low security and correctional facilities. The Committee is further
concerned at the continued issuance of security-risk certificates under the Immigration Act,
which could lead to a breach of article 3 of the Convention, as the authorities may remove or
deport a person deemed to constitute a threat to national security, without having to give detailed
reasons or disclose classified information to the person concerned. The Committee is also
concerned that the use of classified information by the State party for purposes of detention of
asylum-seekers and undocumented migrants may result in a violation of their fundamental rights
to due process, and may expose them to removal to countries where they might be at risk of
torture. (arts. 2 and 3)
The State party should consider putting an end to the practice of detaining asylumseekers and undocumented migrants in low security and correctional facilities, and
ensure that grounds upon which asylum may be refused remain in compliance with
international standards, especially the 1951 Convention relating to the Status of
Refugees. Where there is a risk that a person may be subject to torture if returned
to his or her country of origin, the State party should undertake a thorough
assessment of his or her claim, in full compliance with the provisions of article 3 of
the Convention. The State party should also ensure, as indicated by the delegation,
that the right of detained asylum-seekers and undocumented migrants to habeas
corpus and to an effective appeal is guaranteed under the Immigration Bill.
Training of law enforcement personnel and immigration officials
7.
The Committee notes that training on human rights obligations is provided for police
recruits, prison personnel and armed forces. It is however concerned at the insufficient training
provided to immigration officials and personnel employed at immigration detention centres. (art.
10)
The State party should ensure that education and training of all immigration
officials and personnel, including medical personnel, employed at immigration
detention centres, are conducted on a regular basis. The State party should also
continue to ensure adequate training for personnel to detect signs of physical and
psychological torture and ill-treatment of persons deprived of their liberty, and
integrate the Istanbul Protocol (Manual on the Effective Investigation and
Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment and
Punishment) in the training of all professionals involved in the investigation and
documentation of torture. In addition, the State party should continue to assess the
effectiveness and impact of all its training programmes on the prevention and
protection from torture and ill-treatment.