CAT/C/LUX/CO/6-7
(e)
The Protocol to Prevent, Suppress and Punish Trafficking in Persons,
Especially Women and Children, supplementing the United Nations Convention against
Transnational Organized Crime (the Palermo Protocol), in April 2009.
5.
The Committee welcomes the State party’s ongoing efforts to revise its legislation in
order to give effect to the Committee’s recommendations and to enhance the
implementation of the Convention, including the adoption of:
(a)
The act of 11 April 2010 establishing the Ombudsman as the national
preventive mechanism for the Optional Protocol to the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment;
(b)
The law of 29 August 2008 amending the Freedom of Movement and
Immigration Act to include the principle of non-refoulement;
(c)
The act of 21 November 2008 on the establishment of the Advisory
Commission on Human Rights in Luxembourg;
(d)
The amended act of 16 December 2008 on support for children and the
family, which prohibits, inter alia, physical and sexual violence and genital mutilation in
families and school communities;
(e)
The act of 13 March 2009 on combating human trafficking and the act of 8
May 2009 on supporting, protecting and ensuring the safety of victims of trafficking;
(f)
The act of 13 February 2011 that incorporated into domestic legislation
Council of the European Union framework decision 2008/913/JHA on combating certain
forms and expressions of racism and xenophobia by means of criminal law.
6.
The Committee welcomes other efforts of the State party to give effect to the
Convention, including:
(a)
The establishment of a holding centre, which began operation in 2011, for the
purpose of housing and accommodating aliens subject to detention measures on a site
separate from penal correctional facilities;
(b)
The adoption, in 2008, of rules of conduct for officials responsible for
expulsion orders and, together with the Luxembourg Red Cross, the conclusion of a
framework agreement providing for an independent observer to witness expulsion
operations.
7.
The Committee notes that no allegations of torture have been lodged against the
State party since its previous periodic review.
C.
Principal subjects of concern and recommendations
Forcible return of persons in need of urgent medical care
8.
The Committee is concerned at reports that certain detained persons have been
forcibly returned to their home countries despite needing urgent medical care (arts. 3
and 11).
The State party should ensure that all returned persons undergo medical and mental
health checks and are not forcibly expelled if in need of urgent medical treatment,
particularly if such treatment is not available in their country of origin.
Situation of asylum seekers whose asylum claims have been rejected
9.
The Committee is concerned that persons whose asylum claims have been rejected
but who cannot return to their country of origin because doing so would expose them to
2