95. This Committee and others have identified patterns of abduction and forcible transfers in a number of States parties that exposed individuals to torture.124 In such situations a State party’s obligations under Article 3 may be positive as well as negative – thus requiring not only that the State does not assist but also that it takes concrete action to prevent such abductions and transfers.125 Under Article 2 of the Convention, the obligation to take effective legislative, administrative, judicial or other measures to prevent acts of torture also requires States parties “to adopt effective measures to prevent public authorities and other persons acting in an official capacity from directly committing, instigating, inciting, encouraging, acquiescing in or otherwise participating or being complicit in acts of torture as defined in the Convention”.126 96. The European Court of Human Rights has identified that in cases of transfer of an individual by means of “extraordinary rendition,” the possibility of torture and other ill-treatment is “particularly strong” and in those cases “should have been considered intrinsic in the transfer.”127 In such circumstances enabling another State to transfer the individual was held to have “exposed him to a foreseeable serious risk of further ill-treatment…”128 97. Both this Committee and the Human Rights Committee have expressed concern regarding allegations that States parties’ airports were used as transit points for rendition flights, as well as the use of airspace by flights involved in “extraordinary rendition.”129 In such cases States parties have been called upon to investigate allegations, to establish inspection systems to prevent the use of airports for such purposes and to “take steps to ensure that such cases are prevented”.130 This Committee has reminded States parties that “the transfer and refoulement of persons, when there are substantial grounds for 124 See for example, CAT, Concluding Observations: Kyrgyzstan, UN Doc. CAT/C/KGZ/CO/2, 20 Dec. 2013, para 23; CAT, Concluding Observations: Tajikistan, UN Doc. CAT/C/TJK/CO/2, 21 Jan. 2013, paras 13, 18. 125 See e.g., ECtHR, Mukhitdinov v. Russia, App. no. 20999/14, 19 Oct. 2015, para 63; ECtHR, Mamazhonov v Russia, App. no. 17239/13, 23 March 2015; ECtHR, Rakhimov v. Russia, App. no. 50552/13, 15 Dec. 2014; ECtHR, Iskandarov v. Russia, App. no. 17185/05, 23 September 2010. 126 Ibid para.17 127 ECtHR, Husayn (Abu Zubaydah) v Poland (App. No. 7511/13, 16 Feb. 2015), para 513; ECtHR, El Masri v FYRoM (Appl no. 39630/09, 13 Dec. 2012), para 221. See, CAT, Concluding Observations: Kenya, UN Doc. CAT/C/KEN/CO/1, 19 Jan. 2009, para. 17; CAT, Concluding Observations: Jordan, UN Doc. CAT/C/JOR/CO/2, 25 May 2010, para. 23; CAT, Concluding Observations: Syria, UN Doc. CAT/C/SYR/CO/1, 25 May 2010, para. 18; CAT, Concluding Observations: Morocco, UN Doc. CAT/C/MAR/CO/4, 21 Dec. 2011, para. 11; HRC, Concluding Observations: USA, UN Doc. CCPR/C/USA/CO/3/Rev.1, 18 Dec. 2006, para. 16; HRC, Concluding Observations: Kenya, UN Doc. CCPR/C/KEN/CO/3, 31 Aug. 2012, para. 14; CAT, Conclusions and recommendations: USA, UN Doc. CAT/C/USA/CO/2, 25 July 2006, para 20. 128 ECtHR, Husayn (Abu Zubaydah) v Poland (App. No. 7511/13, 16 Feb. 2015), para 513. 129 HRC, Concluding Observations: Czech Republic, UN Doc. CCPR/C/CZE/CO/2, 9 Aug. 2007, para. 8; CAT, Concluding Observations: Iceland, UN Doc. CAT/C/ISL/CO/3, 8 July 2008, para 11; CAT, Concluding Observations: Ireland, UN Doc. CAT/C/IRL/CO/1, 17 June 2011, para. 9; CAT, Concluding Observations: Czech Republic, UN Doc. CAT/C/CZE/CO/45, 13 July 2012, para. 8; CAT, Concluding Observations: Romania, UN Doc. CAT/C/ROU/CO/2, 5 June 2015, para. 15; CAT, Concluding Observations: Azerbaijan, UN Doc. CAT/C/AZE/CO/4, 27 Jan. 2016, para. 34. 130 CAT, Concluding observations: Ireland, UN Doc. CAT/C/IRL/CO/1, 17 June 2011, para 9. See also, HRC, Concluding observations: Czech Republic, UN Doc. CCPR/C/CZE/CO/2, 9 Aug. 2007, para. 8; CAT, Concluding Observations: Iceland, UN Doc. CAT/C/ISL/CO/3, 8 July 2008, para. 11. 42 AI Index: IOR 40/6040/2017