17. While noting with appreciation the State party’s generous policy to admit and grant permission to stay to a significant number of nationals from Iraq and the Occupied Palestinian Territories, the Committee is concerned at the absence in the State party of a national procedure for the determination of refugee status and that the national legislation on aliens does not recognize any special status attributed by the Office of the United Nations High Commissioner for Refugees (UNHCR). The Committee notes with concern that the State party has not acceded to the Convention relating to the Status of Refugees (1951) and the Optional Protocol (1967) thereto, nor to the Convention relating to the Status of Stateless Persons (1954) or to the Convention on the Reduction of Statelessness (1961) (arts. 2, 3, 11 and 16).
The State party should establish a national procedure for determination of refugee status and amend its national legislation to recognize special status attributed by UNHCR. The Committee recommends that the State party consider becoming party to the Refugee Convention, the Optional Protocol thereto and other related international legal instruments.
8. The Committee is deeply concerned at numerous reports of torture, ill-treatment, death in custody and incommunicado detention of people belonging to the Kurdish minority, in large part stateless, in particular political activists of Kurdish origins. The Committee is further concerned that convictions of some Kurdish detainees pronounced by military courts have been passed on vague charges of “weakening national sentiment” or “spreading false or exaggerated information”. Moreover, the Committee notes with concern reports of a growing trend of deaths of Kurdish conscripts who have died while carrying out their mandatory military service and whose bodies were returned to the families with evidence of severe injuries (arts. 1, 2, 12 and 16).
The State party should take urgent measures to ensure prompt, thorough, impartial and effective investigation into all allegations of torture, ill-treatment, death in custody, death during military service and incommunicado detention of people belonging to the Kurdish minority, in particular of political activists of Kurdish origins, and to prosecute and punish law enforcement, security, intelligence and prison officials who carried out, ordered or acquiesced in such practices. (...)
Protection/Enjoyment of rights