CAT/C/65/D/758/2016 that the same matter has not been and is not being examined under another procedure of international investigation or settlement. 8.2 The Committee recalls that, in accordance with article 22 (5) (b) of the Convention, it shall not consider any complaint from an individual unless it has ascertained that the individual has exhausted all available domestic remedies. It notes that, in this case, the State party does not contest the exhaustion of all available domestic remedies by the complainant or the admissibility of the communication. 8.3 The Committee observes that the purpose of the complainant in submitting his complaint is to avoid being deported to Italy, as first country of asylum, and that, to this end, he claims that the State party would be in breach of its obligations under article 3 of the Convention if the deportation took place. The Committee understands the complainant’s claims under articles 14 and 16 of the Convention not as autonomous claims but as part of his allegations regarding his personal situation which would support his claim under article 3.43 8.4 Moreover, it is apparent from the State party’s arguments that it contests the admissibility of the complaint ratione materiae, inasmuch as the treatment alleged by the complainant falls outside the scope of article 3 of the Convention. 8.5 The Committee notes to begin with that article 25 (3) of the Federal Constitution of the Swiss Confederation stipulates that: “No person may be deported to a State in which he or she faces the threat of torture or any other cruel and inhuman treatment or punishment.” The Committee notes that the State party’s argument of inadmissibility differs from the provision of its Constitution, which explicitly recognizes the extension of the principle of non-refoulement to cruel and inhuman treatment or punishment. The Committee notes, moreover, that article 25 of the Swiss Constitution is in conformity with the interpretation that prevails in all international conventions ratified by the State party that must be taken into account by the Committee in interpreting article 3 of the Convention. 8.6 The Committee notes that the preamble to the Convention proclaims that any act of torture or inhuman or degrading treatment or punishment is an offence to human dignity. Accordingly, cruel, inhuman and degrading treatment is addressed in the preamble in connection with article 5 of the Universal Declaration of Human Rights and article 7 of the International Covenant on Civil and Political Rights. These explicit references enabled the Committee, in its general comment No. 2 (2007) on the implementation of article 2 by States parties, to make it clear that obligations under the Convention, including with regard to article 3, extend to both torture and other acts of cruel, inhuman or degrading treatment or punishment, and that, as previously stated by the Committee, article 16 of the Convention is non-derogable.44 The Committee notes that this interpretation is corroborated by the majority of international conventions which, even though they may draw a terminological distinction between the two concepts, confirm the absolute nature of their prohibition in each case. The Committee notes that the same approach is adopted in the 1949 Geneva Conventions45 and the first Additional Protocol of 1977.46 The same applies to the Rome Statute of the International Criminal Court 47 (in the definition of both crimes against humanity and war crimes) and to the Statute of the International Criminal Tribunal for the Former Yugoslavia. 48 The 1951 Convention relating to the Status of Refugees goes even further, since article 33, entitled “Prohibition of expulsion or return (‘refoulement’)” seeks to prevent any threat to life, thus encompassing both concepts. 49 The Committee further notes that the Convention does not detract from the State party’s obligations under other human rights instruments to which it is a party, including the European Convention 43 44 45 46 47 48 49 GE.19-01969 See, for example, J.B. v. Switzerland (CAT/C/62/D/721/2015), para. 6.4. General comment No. 2, in particular paras. 1, 3, 6, 15 and 25. Article 3. Article 75: Fundamental guarantees. Articles 7 and 8. Article 2. UNHCR: “Advisory Opinion on the Extraterritorial Application of Non-Refoulement Obligations under the 1951 Convention relating to the Status of Refugees and its 1967 Protocol”, para. 19. 11