Advance unedited version
Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
(the Istanbul Protocol);22
(e)
The right of appeal by the person concerned against a deportation order to an
independent administrative and/or judicial body within a reasonable period of time from the
notification of that order and with the suspensive effect of its enforcement;23
(f)
An effective training of all officials who deal with persons under procedures
of deportation about the respect of the provisions of Article 3 of the Convention in order to
avoid decisions contrary to the principle of non-refoulement;24 and
(g)
An effective training of medical and other personnel dealing with detainees,
migrants and asylum seekers in identifying and documenting signs of torture, taking into
account the Istanbul Protocol.25
IV. Diplomatic assurances
19.
The term “diplomatic assurances” as used in the context of the transfer of a person
from one State to another, refers to a formal commitment by the receiving State to the effect
that the person concerned will be treated in accordance with conditions set by the sending
State and in accordance with international human rights standards.
20.
The Committee considers that diplomatic assurances from a State party to the
Convention to which a person is to be deported should not be used as a loophole to undermine
the principle of non-refoulement as set out in Article 3 of the Convention, where there are
substantial grounds for believing that he/she would be in danger of being subjected to torture
in that State.26
V. Redress
21.
The Committee recalls that it considers the term “redress” in Article 14 of the
Convention as encompassing the concepts of “effective remedy” and “reparation”. The
22
23
24
25
26
See e.g. Concluding observations of Cape Verde (CAT/C/CPV/CO/1), para. 29; Concluding
observations on the sixth periodic report of New Zealand (CAT/C/NZL/CO/6), para. 18; Concluding
observations on the combined sixth and seventh periodic reports of Denmark (CAT/C/DNK/CO/6-7),
para. 23. See also communications No. 450/2011, Ali Fadel v. Switzerland, decision adopted on 14
November 2014, paras.7.6 and 7.8; and No. 634/2014, M.B. et al. v. Denmark, decision adopted on 25
November 2016, para. 9.8.
See e.g. Concluding observations on the seventh periodic report of Finland (CAT/C/FIN/CO/7), para.
13; Concluding observations on the third periodic report of Slovenia (CAT/C/SVN/CO/3), para. 17;
and Concluding observations on the second periodic report of Tajikistan (CAT/C/TJK/CO/2), para.
18. See also supra fn. 12.
See e.g. Concluding observations on the second periodic report of the Plurinational State of Bolivia,
(CAT/C/BOL/CO/2), para. 17; and Concluding observations on the fourth and fifth periodic report of
Bulgaria (CAT/C/BGR/CO/4-5), para. 16.
See e.g. Concluding observations on the sixth periodic report of New Zealand (CAT/C/NZL/CO/6),
supra fn. 22.
See e.g Agiza v. Sweden, para. 13.4, supra fn. 3; and communications No. 538/2013, Tursunov v.
Kazakhstan, decision of 8 May 2015, para. 9.10; and No. 747/2016, H.Y. v. Switzerland, decision
adopted on 9 August 2017, para. 10.7. See also e.g. Concluding observations on the combined third to
fifth periodic reports of the United States of America (CAT/C/USA/CO/3-5), para. 16; Concluding
observations on the fourth periodic report of Morocco (CAT/C/MAR/CO/4), para. 9; Concluding
observations on the fifth periodic report of Germany (CAT/C/DEU/CO/5), para. 25; and Concluding
observations on the second periodic report of Albania (CAT/C/ALB/CO/2), para. 19.
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