CAT/C/CRI/CO/2
page 3
immigrants within a radius of 50 kilometres from the border (with no administrative remedy
against such decisions), a power which could affect the principle of non-refoulement laid down
in article 3 of the Convention, as well as the protection of victims of trafficking (art. 3).
The State party should take steps to ensure that, in the context of migration
management, a proper analysis can be conducted of the situation in each case and the
situation in the countries from which the “immigrants” come, so as to guarantee
respect for the principle of non-refoulement. These steps should include appropriate
continuing training of migration officials.
Situation of applicants for refugee status
8.
The Committee expresses concern at continued excessive delays in determination of
refugee status.
9.
The Committee expresses concern at the statements made by senior officials linking the
rise in crime in the country with the presence of refugees, as the Human Rights Committee has
already done (CCPR/C/CRI/CO/5).
The State party should take the necessary steps, in cooperation with the Office of the
United Nations High Commissioner for Refugees (UNHCR), to speed up the processes
of determination of refugee status.
The State party should ensure that its officials refrain from making statements which
could encourage the stigmatization of refugees and applicants for refugee status.
Detention of non-citizens
10. The Committee expresses concern at the failure to limit the length of administrative
detention of aliens. The Committee takes note of the efforts made by the State party to improve
conditions in the Detention Centre for aliens, and the plans to modernize the regional offices and
border posts so as to provide suitable conditions for immigrants. However, the conditions in the
centres for immigrants remain a matter for concern, especially as regards overcrowding and the
lack of procedures or machinery for identifying victims of trafficking in persons and others who
are entitled to international protection (arts. 2, 3 and 11).
The State party should ensure that legislation provides for alternatives to custody for
migrants. The State party should also set a maximum legal period for detention
pending deportation, which should in no circumstances be indefinite.
The Committee invites the State party to continue its efforts to improve detention
conditions for all immigrants, in cases where administrative detention is absolutely
necessary, in accordance with the Body of Principles for the Protection of All Persons
under Any Form of Detention or Imprisonment and the Minimum Rules for the
Treatment of Prisoners.