CAT/C/68/D/782/2016
11.
The Committee, acting under article 22 (7) of the Convention, concludes that the
extradition of the complainant to Egypt would constitute a violation of article 3 of the
Convention, and that the complainant’s conditions of detention disclose a violation by the
State party of article 16 of the Convention.
12.
The Committee is of the view that the State party has an obligation to:
(a)
Refrain from extraditing the complainant to Egypt and consider the request
for his extradition taking into account its obligations under the Convention – which include
an assessment of the risk of torture and ill-treatment in the event of extradition – and the
present decision;
(b)
Release the complainant, given that he has been held in custody with a view
to his extradition for almost three years, and compensate him for the conditions of his
detention in violation of article 16 of the Convention;
(c)
Ensure that similar violations do not occur in the future, by conducting an
individual assessment of the real risk of torture and ill-treatment, including by taking
account of the general human rights situation in the country of return, whenever it considers
an extradition request under an extradition agreement or in relation to extradition
proceedings; providing fundamental legal safeguards; and refraining from placing
individuals in solitary confinement during their detention pending a decision on the
extradition request.
13.
Pursuant to rule 118, paragraph 5, of its rules of procedure, the Committee invites
the State party to inform it, within 90 days from the date of transmittal of the present
decision, of the steps it has taken to respond to the above observations.
12
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