CAT/C/ISL/CO/3
page 3
Prevention of torture and other cruel, inhuman and degrading treatment or punishment
7.
The Committee notes with appreciation the information provided in the State party report
and the written replies concerning female and juvenile prisoners and that for practical reasons no
separate prisons exist for housing female or juvenile prisoners. The Committee emphasizes that,
in the framework of prevention of torture and other cruel, inhuman or degrading treatment or
punishment, female prisoners should be separated from male prisoners and juvenile prisoners
should be in clearly distinct and separated facilities from adult prisoners (arts. 2 and 11).
The State party should ensure that female and male prisoners are held in separate
facilities and, in particular, that juvenile prisoners are held separately from adults. It
should also ensure that the prison wardens involved in dealing with female and
juvenile prisoners are trained to deal with the necessary sensitivity and
characteristics required.
8.
The Committee is concerned about some reported cases of inappropriate handling of
incidents by law enforcement officers and border guards, in particular at detention centres,
airports and in conjunction with manifestations and demonstrations (arts. 2 and 7).
Regardless of the frequency and gravity of such incidents, the State party should
ensure that all allegations are investigated. The State party should provide further
detailed information on investigations and the results in its next periodic report.
Solitary confinement
9.
The Committee is concerned about the reported cases of frequent and excessive use of
solitary confinement for persons in custody (art. 11).
The State party should investigate promptly the issue of excessive use of solitary
confinement and adopt effective measures to prevent such practice.
Non-refoulement and asylum-seeking
10. The Committee welcomes the information provided during the dialogue on the State party
report with regard to cooperation with the United Nations High Commissioner for Refugees. The
Committee is however concerned that only two asylum applications have been approved in the
past 20 years, and that the State party is reluctant to issue residence permits, even on
humanitarian grounds (art. 3).
The State party should ensure through legal and administrative procedures,
including review by an independent judicial body concerning rejections, that due
consideration is given to each individual case before a final decision is reached and
that a constant review of the situations in the countries individuals may be returned
or expelled to is carried out.
The State party should also include in its next report more detailed information on
how national security considerations can affect the protection of non-refoulement, in
accordance with article 3 of the Convention.