CAT/C/CUB/CO/2 been provided either about complaints or allegations of torture or about habeas corpus proceedings initiated during the period under review. The Committee is concerned that article 245 of the Criminal Procedure Act establishes that habeas corpus applications are inadmissible “when the deprivation of liberty is the result of a sentence or pretrial commitment order issued in criminal proceedings”. While noting the delegation’s explanations on this matter, the Committee considers that this provision unreasonably restricts the right to challenge the legality of detention by excluding those situations where the deprivation of liberty, having been initially lawful under prevailing legislation, becomes unlawful retrospectively (arts. 2 and 16). The State party must adopt effective measures without delay to ensure that all detainees enjoy in practice all fundamental legal safeguards, including the right to have access to counsel at the time of arrest, to be examined by an independent physician, to have contact with a family member, to be informed of their rights and the charges against them, and to be brought before a judge without delay. The State party must also adopt the measures necessary to guarantee the right of any person who has been deprived of their liberty to have access to an immediate remedy to challenge the legality of their detention. Non-refoulement and access to a fair and expeditious asylum procedure 9. The Committee is concerned about the lack of an appropriate legal framework for the protection of refugees, asylum seekers, and stateless persons. While noting the information provided by the State party to the effect that persons identified as refugees by the Office of the United Nations High Commissioner for Refugees are permitted to remain in the country while their resettlement is arranged, the Committee is concerned that this de facto temporary protection does not include recognition of refugee status on the part of the Cuban authorities. It also notes with concern that, although refugees and asylum seekers have access to free health services and education, they are unable to obtain a work permit and have no access to housing and other public services. The Committee is concerned that, since there is no prospect of local integration, resettlement in a third country is the only permanent solution possible for refugees in Cuba. The State party should also ensure that all cases of forced deportation are carried out in a manner consistent with the provisions of the Convention. The Committee expresses its concern about the lack of information provided on the circumstances in which the repatriation of illegal Haitian immigrants takes place. It also regrets the lack of information about any existing migration management mechanisms that facilitate the identification of persons requiring international protection (arts. 2, 3, 11 and 16). The Committee recommends that the State party should: (a) Adopt the legislative measures necessary to ensure the protection of refugees, asylum seekers, and stateless persons. To this end, it urges the State party to consider ratifying the Convention relating to the Status of Refugees and the Protocol relating to the Status of Refugees, as well as the Convention relating to the Status of Stateless Persons and the Convention on the Reduction of Statelessness; (b) Establish mechanisms for the identification and referral of refugees and other persons who have specific requirements in the context of mixed migration flows, so that their protection needs can be met; (c) Facilitate the process of local integration of refugees in Cuban territory, working in association with the Office of the United Nations High Commissioner for Refugees; GE.12-43596 3

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