CAT/C/54/D/538/2013
returning the complainant to Uzbekistan. Accordingly, the Committee concludes that the
State party’s extradition of the complainant to Uzbekistan constitutes a breach of article 3
of the Convention.
9.10 Regarding the diplomatic assurances received by the State party from the Uzbek
authorities as sufficient protection against this manifest risk, the Committee recalls that
such assurances cannot be used as an instrument to avoid the application of the principle of
non-refoulement. The Committee notes that the State party failed to provide any
sufficiently specific details as to whether it has engaged in any form of post-expulsion
monitoring and whether it has taken any steps to ensure that the monitoring is objective,
impartial and sufficiently trustworthy.
10.
The Committee, acting under article 22 (7) of the Convention, decides that the facts
before it reveal a breach by the State party of articles 3 and 22 of the Convention.
11.
In conformity with article 118, paragraph 5, of its rules of procedure, the Committee
urges the State party to provide redress for the complainant, including regular visits and
effective monitoring to ensure that he is not subjected to treatment contrary to article 3 of
the Convention. The complainant is also entitled to adequate compensation. The Committee
wishes to be informed, within 90 days, of the steps taken by the State party to respond to
these Views.
10