being subjected to torture” 120. Consequently, the threshold of Art. 3 UNCAT is that there are “substantial grounds” for believing that the person might be in danger of torture when sent to another State. The “substantial grounds” contain a foreseeable, real and personal risk of torture.121 The grounds have to go “beyond mere theory or suspicion” or a possibility of torture. At the same time the risk does not have to be “highly probable”. 122 – 4.1.3 The Protection of Non-refoulement for Trafficked Persons within the Convention Against Torture The following section will analyse the extent to which trafficked persons can use the protection of non-refoulement as provided by Art. 3 UNCAT. Can non-refoulement also protect trafficked persons when they have to fear re-trafficking, retaliation, and rejection by the family or the community? Does the principle of non-refoulement also offer trafficked persons who are not recognized as refugees the possibility of residence? The principle of non-refoulement as laid down in Art. 3 UNCAT only applies to torture in the sense of Art. 1 UNCAT and does not cover other forms of ill-treatment.117 In comparison to the non-refoulement principle in Art. 33 of the Refugee Convention, it is important to stress that the protection from refoulement under Art. 3 UNCAT is an absolute right which is not subject to any exclusion or limitation clause. Even if the person is regarded as a danger to the security of the host State, this State must not return the person to the country of origin.118 A further difference to the Refugee Convention is that the scope of the protection under UNCAT is much broader and encompasses not only asylum seekers and refugees but all aliens, including persons without a residence permit and persons who did not request asylum. The Committee against Torture also mentions trafficked persons as a particularly vulnerable group which should not be excluded from the scope of protection of Art. 3 UNCAT.119 Art. 3 UNCAT states that the State must not “expel, return or extradite a person to another State where there are substantial grounds for believing that he would be in danger of The United Nations Convention against Torture: A Commentary The danger has to be “personal and present” 123. Additionally, it has to be stressed, that the “substantial grounds” are not only found based on acts which were committed prior to leaving the country but also on activities which happened in the country of destination.124 This is particularly important for cases of trafficking in human beings since the development of the act of trafficking in human beings spans from the country of origin to the country of destination. The reasons which may make a return impossible for trafficked persons may be established in the country of destination. In order to assess the risk of torture in the State in which the person shall return to, State authorities have to assess not only the general situation in the receiving State, but also the particular situation of the person. As stated in Art. 3 (2) UNCAT, States have to assess the possible existence of a “consistent pattern of gross, flagrant or mass violations of human rights” 125. In case there is a consistent pattern of gross, flagrant or mass violations of human rights found, it nevertheless has to be demonstrated that the individual is at risk. If the individual circumstances of a person show that there might be a risk of being tortured, then the protection of refoulement of Art. 3 UNCAT applies, even if there is no consistent pattern of torture or other gross or mass human rights violations.126 4.1.4 The Protection of Non-refoulement for Trafficked Persons at the European Level The obligation of States parties not to return an individual Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment The United Nations Convention against Torture: A Commentary CAT General Comment No. 1: Implementation of Article 3 of the Convention in the Context of Article 22 (Refoulement and Communications) Complementary Protection in International Refugee Law Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment The United Nations Convention against Torture: A Commentary 30