can entail imprisonment for life in Bangladesh. In this regard, the Committee notes that the State party’s
argument that Bangladeshi authorities are not actively persecuting homosexuals does not rule out that
such prosecution can occur”, (para. 7.3); in light of, inter alia, “the risk of persecution on the basis of
his homosexuality” (para. 7.7) the Committee found that, “the expulsion of the complainant to
Bangladesh would constitute a violation of the State party's obligations under article 3 of the
Convention”, (para. 7.7)].
(4) Paragraph 30(f)
75. The current wording of paragraph 30(f) could be understood as suggesting that corporal punishment
may or may not amount to torture or other cruel, inhuman or degrading punishment, whereas clearly
all corporal punishment amounts to at least cruel, inhuman or degrading punishment and in some cases
to torture.114
Recommended textual changes to paragraph 30(f)
“… if involuntarily transferred deported to a State, in which, although corporal punishment is permitted by
national law, in view of the fact that such punishment would amounts to torture or cruel, inhuman or degrading
treatment or punishment…”
(5) Paragraphs 30(i)-(j)
76. Paragraphs 30(i)-30(j) refer to provisions of the Geneva Conventions prohibiting torture and other illtreatment in non-international armed conflicts and to prohibitions applicable in international armed
conflicts. However, they omit to refer to provisions prohibiting torture and other ill-treatment in
international armed conflicts, including the Geneva Conventions’ “grave breaches” provisions.
Recommended textual change:
Add sub-paragraph 30(h)(iii) as follows: “Articles 12 and 50 of the First Geneva Convention; Articles 12
and 51 of the Second Geneva Convention; Articles 17, 87 and 130 of the Third Geneva Convention;
Articles 32 and 147 of the Fourth Geneva Convention.”
(6) Paragraph 30(k)
77. The relevant language in the first sentence of paragraph 30(k) – i.e., “…where the death penalty is in
force and considered as a form of torture or cruel, inhuman or degrading treatment or punishment by
the deporting State party” – may inadvertently have the effect of narrowing the applicability of the
considerations detailed further in paragraph 30(k), whereas these considerations should be taken into
account by a broader range of prospective deporting State parties as indicated in the proposed textual
changes below.
Recommended textual change:
114
See for instance CAT, Concluding Observations: Namibia, UN Doc. A/52/44, 10 Sept. 1997, para. 250; CAT,
Concluding Observations: Saudi Arabia, UN Doc. CAT/C/CR/28/5, 12 June 2002, para. 8(b); HRC, General Comment
20, Article 7 (Forty-fourth session, 1992), UN Doc. HRI\GEN\1\Rev.1,30, para. 5; HRC, Osbourne v. Jamaica, UN Doc.
CCPR/C/68/D/759/1997, 13 Apr. 2000, para. 3.3.
33
AI Index: IOR 40/6040/2017
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