Article 3
12.
This article prohibits the expulsion, return or extradition of a person to a State where
he/she might be tortured. The report should contain information on:
•
Domestic legislation with regard to such prohibition;
•
Whether legislation and practices concerning terrorism, emergency situations,
national security or other grounds that the State may have adopted have had any
impact on the effective implementation of this prohibition;
•
Which authority determines the extradition, expulsion, removal or refoulement of a
person and on the basis of what criteria;
•
Whether a decision on the subject can be reviewed and, if so, before which authority,
what are the applicable procedures and whether such procedures have suspensive
effects;
•
Decisions taken on cases relevant to article 3 and the criteria used in those decisions,
the information on which the decisions are based and the source of this information;
•
The kind of training provided to officials dealing with the expulsion, return or
extradition of foreigners.
Article 4
13.
It is implicit in the reporting obligations imposed by this article that each State shall enact
legislation criminalizing torture in terms that are consistent with the definition in article 1. The
Committee has consistently expressed the view that the crime of torture is qualitatively
distinguishable from the various forms of homicide and assault that exist and therefore should be
separately defined as a crime. The report should contain information on:
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•
Civil and military criminal provisions regarding these offences and the penalties
related to them;
•
Whether statutes of limitations apply to such offences;
•
The number and the nature of the cases in which those legal provisions were applied
and the outcome of such cases, in particular, the penalties imposed upon conviction
and the reasons for acquittal;
•
Examples of judgements relevant to the implementation of article 4;
•
Existing legislation on disciplinary measures during the investigation of an alleged
case of torture to be taken against law enforcement personnel responsible for acts of
torture (e.g. suspension);
•
Information on how established penalties take into account the grave nature of
torture.
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