CAT/C/CR/32/4
page 3
(d)
Cases of prolonged non-voluntary segregation in detention (solitary confinement),
the strict conditions of which may amount, in certain circumstances, to acts prohibited by article
16 of the Convention;
(e)
The low age of criminal responsibility, and the fact that juveniles are sometimes
not separated from adult detainees and have been detained in police cells, owing to a shortage of
Child, Youth and Family Residential Facilities;
(f)
The findings of the Ombudsman regarding investigations of alleged assaults by
prison staff on inmates, in particular the reluctance to address such allegations promptly and the
quality, impartiality and credibility of investigations.
D. Recommendations
6.
The Committee recommends that the State party:
(a)
Incorporate in its immigration legislation the non-refoulement obligation
contained in article 3 of the Convention against Torture and consider establishing a single
refugee determination procedure in which there is first an examination of the grounds for
recognizing refugee status as contained in the 1951 Convention relating to the Status of
Refugees, to be followed by the examination of other possible grounds for the grant of
complementary forms of protection, in particular under article 3 of the Convention against
Torture;
(b)
Ensure at all times that the fight against terrorism does not lead to a breach
of the Convention and impose undue hardship on asylum-seekers, and establish a time
limit for the detention of and restrictions on asylum-seekers;
(c)
Immediately take steps to review the legislation relating to the security-risk
certificate in order to ensure that appeals can effectively be made against decisions to
detain, remove or deport a person, extend the time given to the Minister of Immigration to
adopt a decision and ensure full respect of article 3 of the Convention;
(d)
Reduce the time and improve the conditions of non-voluntary segregation
(solitary confinement) which can be imposed on asylum-seekers, prisoners and other
detainees;
(e)
Implement the recommendations made by the Committee on the Rights of
the Child (CRC/C/15/Add.216, paras. 30 and 50);
(f)
Report on the results of the development strategy aimed at ensuring that
minors are not subjected to unreasonable searches;
(g)
Carry out an inquiry into the events that led to the decision of the High
Court in the Taunoa et al. case;
(h)
Inform the Committee about the results of the action taken in response to the
concern expressed by the Ombudsman regarding investigations of assaults by prison staff
on inmates.