CAT/C/GC/4
the subject of a procedure that may lead to a decision of deportation and of the rights
legally available to appeal such a decision;18
(b)
Providing the person concerned with access to a lawyer,19 to free legal aid,
when necessary, and to representatives of relevant international organizations of
protection;20
(c)
Developing an administrative or judicial procedure concerning the person in
question in a language that the person understands or with the assistance of interpreters and
translators;21
(d)
Referring the person alleging previous torture to an independent medical
examination free of charge, in accordance with the Manual on the Effective Investigation
and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (Istanbul Protocol);22
(e)
Ensuring the right of appeal by the person concerned against a deportation
order to an independent administrative and/or judicial body within a reasonable period of
time from the notification of that order and with the suspensive effect of the appeal on the
enforcement of the order;23
(f)
Providing effective training for all officials who deal with persons under
deportation procedures on respect for the provisions of article 3 of the Convention, in order
to avoid decisions contrary to the principle of non-refoulement;24
(g)
Providing effective training for medical and other personnel dealing with
detainees, migrants and asylum seekers in identifying and documenting signs of torture,
taking into account the Istanbul Protocol.25
18
19
20
21
22
23
24
25
4
See, for example, concluding observations on the combined fifth and sixth periodic reports of Italy
(CAT/C/ITA/CO/5-6), para. 21; concluding observations on the seventh periodic report of Finland
(CAT/C/FIN/CO/7 and CAT/C/FIN/CO/7/Corr.1), para. 13; concluding observations on the seventh
periodic report of Switzerland (CAT/C/CHE/CO/7), para. 14; and concluding observations on the
third periodic report of Belgium (CAT/C/BEL/CO/3), para. 22.
See, for example, concluding observations on the seventh periodic report of Finland
(CAT/C/FIN/CO/7 and CAT/C/FIN/CO/7/Corr.1), para. 13.
See, for example, concluding observations on the second periodic report of Serbia
(CAT/C/SRB/CO/2), para. 15. See also Kwami Mopongo and others v. Morocco, paras. 11.3 and 11.4.
See, for example, concluding observations on the combined third to fifth periodic reports of Latvia
(CAT/C/LVA/CO/3-5 and CAT/C/LVA/CO/3-5/Corr.1), para. 17.
See, for example, concluding observations on Cabo Verde in the absence of a report
(CAT/C/CPV/CO/1), para. 29; concluding observations on the sixth periodic report of New Zealand
(CAT/C/NZL/CO/6), para. 18; and concluding observations on the combined sixth and seventh
periodic reports of Denmark (CAT/C/DNK/CO/6-7), para. 23. See also Ali Fadel v. Switzerland
(CAT/C/53/D/450/2011), paras. 7.6 and 7.8; and M.B. and others v. Denmark
(CAT/C/59/D/634/2014), para. 9.8.
See, for example, concluding observations on the seventh periodic report of Finland
(CAT/C/FIN/CO/7 and CAT/C/FIN/CO/7/Corr.1), para. 13; concluding observations on the third
periodic report of Slovenia (CAT/C/SVN/CO/3), para. 17; and concluding observations on the second
periodic report of Tajikistan (CAT/C/TJK/CO/2), para. 18. See also concluding observations on the
combined fifth and sixth periodic reports of Greece (CAT/C/GRC/CO/5-6), para. 19; and concluding
observations on the combined fifth and sixth periodic reports of Italy (CAT/C/ITA/CO/5-6), para. 21
(c).
See, for example, concluding observations on the second periodic report of the Plurinational State of
Bolivia (CAT/C/BOL/CO/2), para. 17; and concluding observations on the combined fourth and fifth
periodic reports of Bulgaria (CAT/C/BGR/CO/4-5), para. 16.
See, for example, concluding observations on the sixth periodic report of New Zealand
(CAT/C/NZL/CO/6), para. 18.