CAT/C/65/D/758/2016 take into account the 1975 Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. 8. It is possible through preparatory work to establish the link between torture and illtreatment when it comes to non-refoulement.16 Where there is a conflict between the State party’s universal treaty obligations and its regional regulatory arrangements, the Vienna Convention on the Law of Treaties refers to the Charter of the United Nations, which states that obligations pertaining to its principles shall prevail, 17 especially those enshrined in article 55, which is mentioned in the preamble to the Convention. The Convention also establishes its primacy over any other extradition treaty concluded or to be concluded between States parties.18 The Committee has consistently criticized bilateral and regional agreements and regulations that have an adverse impact on the implementation of the Convention.19 9. Under article 14, the complainant does not claim that his right to redress has been violated in Switzerland. However, he argues that that there would be a risk of violation by Switzerland if he were to be deported to Italy and he also claims the right to prevention, given his extremely fragile personal situation20 and the critical circumstances prevailing for asylum seekers, including victims of torture. 21 Switzerland should not relinquish its treaty obligations under article 14 by transferring them to another State party. 22 10. In these specific circumstances, the State party failed to demonstrate that it had conducted an individual assessment of the complainant’s situation, particularly in view of his vulnerability, his past experience and his specific need for redress, or of the relevant circumstances in the country of return. The State party would therefore violate articles 3, 14 and 16 of the Convention if it were to return the complainant to Italy. 11. The Committee should have reached this conclusion without unreasonable ambiguity. 16 17 18 19 20 21 22 16 Report of the Secretary-General (A/39/499/Add.1), p. 3, para. 2. Charter of the United Nations, art. 103. Article 8 of the Convention. For example, CAT/C/NLD/7, paras. 11 to 16; CAT/C/SR.1693, paras. 24, 26, 53 and 55; CAT/C/SR.1514, para. 43; CAT/C/SR.1698, para. 43; and CAT/C/CAN/CO/7, paras. 32 and 33. The complainant submitted 10 medical reports. CAT/C/ITA/CO/5-6, paras. 24 and 25. General comment No. 3. GE.19-01969