CAT/C/IRL/CO/1
rendition”. The State party should provide clarification on such measures and the
outcome of the investigations, and take steps to ensure that such cases are prevented.
Refugees and international protection
10.
While taking note that asylum applications falling under the Dublin II Regulation are
subject to appeal before the Refugee Appeals Tribunal in the State party, the Committee is
concerned that the lodging of an appeal does not have suspensive effect on the impugned
decisions. The Committee is also concerned that while the draft immigration, residence and
protection bill of 2008 contains a prohibition on non-refoulement, the bill does not set out the
procedure to be followed. Furthermore, the Committee takes note of reports indicating the
considerable drop in positive determinations for refugee status (arts. 3 and 14).
The Committee recommends that the State party pursue efforts aimed at strengthening
the protection of persons in need of international protection. In this regard, the State
party should consider amending the draft immigration, residence and protection bill in
order to bring it into line with the requirements of the Convention, in particular with
regard to the rights of migrants to judicial review over administrative actions as also
recommended by the Committee on the Elimination of Racial Discrimination
(CERD/C/IRL/CO/3-4, para. 15). The Committee also recommends that the State party
consider amending its legislation so that the lodging of an appeal before the Refugee
Appeals Tribunal has suspensive effect on the impugned decision. Furthermore, the
Committee recommends that the State party investigate the considerable drop in
positive determinations for refugee status to ensure that applications are processed
following due process.
Prison conditions
11.
The Committee notes the State party’s efforts to alleviate overcrowding in prisons
through, inter alia, the construction of new accommodation in existing prison facilities and
the upgrading of some of these facilities, as well as through the adoption of alternative noncustodial measures to reduce the number of individuals who are being sent to prison, such as
the adoption of the Fines Act of 2010. The Committee, however, remains deeply concerned
at reports that overcrowding remains a serious problem (arts. 11 and 16).
The Committee recommends that the State party:
(a)
Adopt specific time frames for the construction of new prison facilities
which comply with international standards. In this regard, the Committee requests the
State party to inform it of any decisions taken with regard to the Thornton Hall prison
project;
(b)
Adopt a policy focusing on the development of alternative, non-custodial
sanctions, including the enactment of the bill amending the Criminal Justice
(Community Service) Act 1983, which provides that judges will be required to consider
community service as an alternative to custody in all cases where a custodial sentence of
12 months or less is appropriate;
(c)
Expedite the ratification of the Optional Protocol to the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
and the establishment of a national preventive mechanism.
12.
While noting the efforts by the State party to provide all cells with in-cell sanitation,
the Committee is deeply concerned at the continuing practice of “slopping out” in some of
the prisons in the State party, which amounts to inhuman and degrading treatment (arts. 11
and 16).
The Committee recommends that the State party strengthen its efforts to eliminate,
without delay, the practice of “slopping out”, starting with instances where prisoners
have to share cells. The Committee further recommends that until such a time as all
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