Article 3 Principle of Non-​Refoulement . No State Party shall expel, return (‘refouler’) or extradite a person to another 1 State where there are substantial grounds for believing that he would be in danger of being subjected to torture. . For the purpose of determining whether there are such grounds, the competent 2 authorities shall take into account all relevant considerations including, where applicable, the existence in the State concerned of a consistent pattern of gross, flagrant or mass violations of human rights. 1. Introduction 2. Travaux Préparatoires 2.1 Chronology of Draft Texts 2.2 Analysis of Working Group Discussions 3. Issues of Interpretation 3.1 The Absolute Nature of the Prohibition of Refoulement 3.2 Forms of Prohibited Conduct 3.2.1 Meaning of ‘expel’ and ‘return’ (‘refouler’) 3.2.2 Non-​admission 3.2.3 Meaning of ‘extradite’ 3.2.4 Rendition 3 .3 Meaning of ‘a Person’ 3.4 Meaning of ‘to Another State’ 3.4.1 Indirect Refoulement 3.4.2 ‘Safe third States’ 3.5 Meaning of ‘Torture’ 3.5.1 Applicability of Article 3 to Cruel, Inhuman and Degrading Treatment 3.5.2 Lawful Sanctions 3.5.3 Corporal and Capital Punishment 3.5.4 Torture Perpetrated by Non-​State Actors 3.6 Probability of the Torture Risk (Risk Assessment) 3.6.1 Time of Risk Assessment 3.6.2 Relevant Factors for the Risk Assessment 3.6.2.1 Objective and Subjective Test: General Human Rights Situation in Receiving State and Individual Situation 3.6.2.2 General Human Rights Situation in Receiving State 3.6.2.3 Past Torture or Other Ill-​treatment 3.6.2.4 Activities and Personal Factors Making the Individual Particularly Vulnerable to Torture Risk 3.6.3 Internal Flight Alternative 3.6.4 Refoulement and Asylum Procedure 3.6.5 Diplomatic Assurances 3.7 Burden of Proof 3.7.1 Substantiation of the Risk by the Applicant 3.7.1.1 Credibility and Plausibility of the Claim and Applicant 3.7.1.2 Evidence in Support of the Claim Ammer/Schuechner 99 101 101 102 114 114 116 117 118 120 121 123 124 126 126 127 127 129 130 131 133 134 137 137 142 147 149 153 156 158 163 164 165 168