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full version - World Organisation Against Torture

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Estonia12. In the light of the State party's legislation on the use of firearms, theCommittee expresses concern at the possibility to use lethal force incircumstances not presenting a risk to the life of others.The State party is invited to revise its outdated legislation to ensurethat the use of firearms is restricted by the principles of necessity andproportionality as reflected in articles 9 and 16 of the Basic Principleson the Use of Force and Firearms by Law Enforcement Officials(U.N. Doc. A/CONF.144/ 28/Rev.1 at 112 (1990)) (articles 7 and 10).13. While welcoming the precise information provided by the delegationon the procedure related to the determination of refugee status, theCommittee remains concerned that the application of the principle of"safe country of origin" may deny the individual assessment of arefugee claim when the applicant is considered to come from a safecountry.The State party is reminded that, in order to afford effective protectionunder articles 6 and 7 of the Covenant, applications for refugee statusshould always be assessed on an individual basis and that a decisiondeclaring an application inadmissible should not have restrictive proceduraleffects such as the denial of suspensive effect of appeal (articles6, 7 and 13).14. Regretting that the concerns of its previous concluding observations(paragraph 12) have not been met, the Committee remains deeplyconcerned by the high number of stateless persons in Estonia and thecomparatively low number of naturalizations. While the State partyhas adopted a number of measures designed to facilitate naturalization,a large number of stateless persons do not even initiate this procedure.The Committee takes note of the different reasons underlyingthis phenomenon but considers that this situation has adverse consequencesin terms of the enjoyment of the Covenant rights and that theState party has a positive duty to ensure and protect those rights.The State party should seek to reduce the number of stateless persons,with priority for children, inter alia by encouraging their parents toapply for Estonian citizenship on their behalf and by promotion campaignsin schools. The State party is invited to reconsider its positionas to the accessibility of Estonian citizenship to persons who have265

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