The United Nations Committee Against Torture presents its recommendations to Luxembourg
The United Nations Committee Against Torture recently published its recommendations after considering Luxembourg’s Fifth Periodic Report . The International Federation of ACAT (Action by Christians for the Abolition of Torture) and ACAT-Luxembourg both welcome the adoption of this document.
However, both organisations still have reservations over the following:
→ Certain conditions at the Luxembourg Prison Centre (CPL), in particular the placing of minors in an adults’ prison. The Committee insists that construction of the Dreiborn Secure Unit be completed as soon as possible, and in the meantime, that minors be strictly segregated from adult detainees.
The Committee is also disappointed by the continuing use at CPL of the strict cell regime as a disciplinary measure, and Luxembourg’s intention to preserve the regime, despite earlier recommendations by the Committee Against Torture and those of the European Committee for the Prevention of Torture.
→ Some clauses of article 6(12) of the law of 5 May 2006 on asylum which, in certain cases, could contradict the principle of non-refoulement as stipulated in article 3 of the Convention Against Torture.
It is recommended that Luxembourg take the legislative measures necessary to amend this article by including a clause stating that none shall be returned, expelled or extradited to a State where there are substantial grounds for believing that he would be at risk of torture.
→ The incidents which surrounded the removal by force of Mr Igor Beliatskii in September-October 2006. The Committee would also remind Luxembourg, as did the Human Rights Commissioner to the Council of Europe in 2004 , that it should permit observers to be present in every case of removal by force.
Moreover, FIACAT and ACAT-Luxembourg would encourage Luxembourg to ratify the Optional Protocol to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. To date, it seems Luxembourg has taken no practical measures towards ratifying this instrument.