regulating expulsion, refoulement and extradition.”47 The Committee has specifically required nonrefoulement to be included in all laws regulating asylum or asylum-related matters,48 extradition,49
aliens,50 as well as other more general anti-torture laws.51 The Committee has considered that such
legislative acts are mutually reinforcing, and should all reference the non-refoulement obligation.52
Moreover, in its Concluding Observations on Sri Lanka the Committee further recommended that a
national policy concerning refoulement could be required.53
Recommended textual addition paragraph 18 (b) bis:
States parties should adopt a comprehensive legislative framework regulating any form of involuntary
transfer to exclude the possibility of non-refoulement.
v) Paragraph 18 (d)
36. As the internationally accepted standard for effective investigation and documentation of allegations
of torture and other ill-treatment, the Manual on the Effective Investigation and Documentation of
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (the Istanbul Protocol) is a
relevant and applicable standard and should be integrated into the General Comment. Though the
Protocol is mentioned in paragraph 18(g) of the draft, it is not currently referenced in para 18(d).
37. Furthermore, in keeping with this Committee’s previous determinations, the General Comment should
provide additional detail of requisite examinations in order to effectively address the circumstances
experienced by victims of torture or other ill-treatment. Since many victims exhibit psychological
symptoms, the General Comment should specify that efforts to document torture and other illtreatment should include both a physical and a psychological evaluation.54 Further, the purpose of the
evaluation should be to determine the consistency of torture allegations with physical and
psychological findings (rather than establishing the general health of the person) and should be carried
out as early as possible.55
Recommended textual change:
18 (d) The referral of the person alleging previous torture to an independent medical and psychological
examination at the earliest opportunity, to detect signs or symptoms of past torture or other ill-treatment.
The evaluation should be offered free of charge and be carried out according to the standards provided
47
CAT, Concluding Observations: Chad, UN Doc. CAT/C/TCD/CO/1, 4 June 2009, para. 23; CAT, Concluding
Observations: Kazakhstan, UN Doc. CAT/C/KAZ/CO/2, 12 Dec. 2014, para. 1.
48
CAT, Concluding Observations: Belarus, UN Doc. CAT/C/BLR/CO/4, 7 Dec. 2011, para. 26.
49
CAT, Concluding Observations: Rwanda, UN Doc. CAT/C/RWA/CO/1, 26 June 2012, para. 18.
50
CAT, Concluding Observations: Ireland, UN Doc. CAT/C/IRL/CO/1, 17 June 2011, para. 10; CAT, Concluding
Observations: Slovenia, UN Doc CAT/C/SVN/CO/3, 20 June 2011, at para. 17.
51
CAT, Concluding Observations: Madagascar, UN Doc. CAT/C/MDG/CO/1, 21 Dec. 2011, para. 19.
52
CAT, Concluding Observations: Madagascar, UN Doc. CAT/C/MDG/CO/1, 21 Dec. 2011, para. 19; CAT, Concluding
Observations: Turkmenistan, UN Doc CAT/C/TKM/CO/1, 15 June 2011, para. 23.
53
CAT, Concluding Observations: Sri Lanka, UN Doc. CAT/C/LKA/CO/3-4, 8 Dec. 2011, para. 27.
54
See for example, CAT, Concluding Observations: Netherlands, UN Doc. CAT/C/NLD/CO/5-6, 20 June 2013. para.
12(b); CAT, Concluding Observations: Israel, UN Doc. CAT/C/ISR/CO/5, 3 June 2016, para. 47.
55
See for example, CAT, Concluding Observations: Netherlands, UN Doc. CAT/C/NLD/CO/5-6, 20 June 2013. para.
12(a); CAT, Concluding Observations: Israel, UN Doc. CAT/C/ISR/CO/5, 3 June 2016, para. 47.
18
AI Index: IOR 40/6040/2017
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