“…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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