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
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