“…where the death penalty is in force and considered a form of torture or cruel, inhuman or degrading treatment or punishment by the deporting State party, in particular if the transferring State has abolished the death penalty or established a moratorium on its execution. States Parties would be in violation of their non-refoulement obligations if they transferred a person to a country where he or she faces the death penalty:…” [then continue with sub-paragraphs (ii) and (iii), with necessary technical changes] (7) Paragraph 30(l) 78. The current language of paragraph 30(l) may be inadvertently understood as indicating that whether prolonged periods on death row amount to cruel, inhuman or degrading treatment or punishment or not is a matter for States parties to consider. However, human rights bodies have consistently considered prolonged periods on death row to constitute ill-treatment.115 Recommended textual change: “…and the prolonged period and conditions of the person sentenced to death in death row detention could amount to torture or a cruel, inhuman or degrading treatment or punishment…” (8) Paragraph 30(n) 79. In the current formulation of paragraph 30(n), slavery and forced labour appear cumulative rather than separate. Recommended textual change: “…risk of being subjected to slavery, and forced labour or trafficking in human beings…” j) Proposed new Section X.bis, to be inserted after current Section IX 80. This Committee has previously recognized that there is an obligation to establish a system for collecting and sharing statistical and other information on asylum-seekers, including those in detention, as well as on persons extradited, expelled or returned by the State party.116 This information should be provided to the Committee in advance of initial and periodic reviews. 81. The collection of statistical and other information can allow States parties to assess their own compliance with their non-refoulement obligations under the Convention and encourages the taking of corrective actions as appropriate. Proposed new Section X.bis, and new paragraph, paragraph 33bis, to be inserted after current Section IX X.bis Specific requirement for the collection and sharing of statistical data 115 See for instance CAT, Concluding Observations: Zambia, UN Doc. CAT/C/ZMB/CO/2, 15 May 2008, para. 19; CAT, Concluding Observations: United States of America, UN Doc. CAT/C/USA/CO/3-5, 19 Dec. 2014, para. 25. See also Report on the visit of the Special Rapporteur on torture: Mongolia, UN Doc. E/CN.4/2006/6/Add.4, 20 Dec, 2005, para. 53; Interim report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, UN Doc. A/67/279, (9 August 2012), para. 78. 116 CAT, Concluding Observations: Turkmenistan (15 June 2011) UN Doc CAT/C/TKM/CO/1, at para. 23; CAT, Concluding Observations: Liechtenstein, para. 14 (31 May 2010) UN Doc CAT/C/LIE/CO/3, para. 15. 34 AI Index: IOR 40/6040/2017

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