Advance unedited version
(i)
Whether the person concerned would be deported to a State where there are
allegations or evidence of its violation of Article 12 of the third Geneva Convention of 12
August 1949 relating to the treatment of prisoners of war; 46
(j)
Whether the person concerned would be deported to a State where there are
allegations or evidence of its violation of Articles 32 or 45 of the fourth Geneva Convention
relating to the protection of civilian persons in times of war;47 or Article 75, paragraph 2, of
Protocol I additional to the Geneva Conventions relating to the Protection of Victims of
International Armed Conflicts;48
(k)
Whether the person concerned would be deported to a State where the inherent
right to life is denied, including the exposure of the person to extrajudicial killings or enforced
disappearance, or where the death penalty is in force49 and considered as a form of torture or
cruel, inhuman or degrading treatment or punishment by the deporting State party, in
particular:
(i)
if the latter has abolished the death penalty or established a moratorium on its
execution,50
(ii)
where the death penalty would be imposed for crimes which are not
considered by the deporting State party as the most serious crimes 51 or
(iii)
where the death penalty is carried out for crimes committed by persons below
the age of 18,52 or on pregnant women or nursing mothers or persons who have a
severe mental disability.
acts of terrorism; (e) outrages upon personal dignity, in particular, humiliating and degrading treatment,
rape, enforced prostitution and any form of indecent assault; (f) slavery and the slave trade in all their
forms; (g) pillage and (h) threats to commit any of the foregoing acts. See e.g. Concluding observations
on the initial report of Lebanon (CAT/C/LBN/CO/1), para. 11; and Concluding observations on the
fourth periodic report of Turkey (CAT/C/TUR/CO/4), para. 12.
46 Article 12 of the third Geneva Convention provides, inter alia, that “prisoners of war may only be
transferred by the Detaining Power to a Power which is a party to the (Geneva) Convention and after
the Detaining Power has satisfied it-self of the willingness and ability of such transferee Power to
apply the Convention”. See e.g. Concluding observations on the initial report of Chad
(CAT/C/TCD/CO/1), para. 17.
47 Article 45 of the fourth Geneva Convention provides, inter alia, that “protected persons may be
transferred by the Detaining Power only to a Power which is a party to the present Convention and
after the Detaining Power has satisfied itself of the willingness and ability of such transferee Power to
apply the present Convention”.
48 Article 75, paragraph 2, of the Additional Protocol I stipulates that the following acts are and shall
remain prohibited at any time and in any place whatsoever, whether committed by civilian or by
military agents: (a) violence to the life, health, or physical or mental well-being of persons, in
particular: (i) murder; (ii) torture of all kinds, whether physical or mental; (iii) corporal punishment;
and (iv) mutilation; (b) outrages upon personal dignity, in particular humiliating and degrading
treatment, enforced prostitution and any form of indecent assault; (c) the taking of hostages; (d)
collective punishments; and (e) threats to commit any of the foregoing acts. See e.g. Concluding
observations on the initial report of Chad (CAT/C/TCD/CO/1), para. 34.
49 See e.g. Concluding observations on the second periodic report of Belgium (CAT/C/BEL/CO/2), para.
10.
50 See e.g. Rouba Alhaj Ali v. Morocco, paras. 8.5 - 8.8., supra fn. 41.
51 See e.g. communication No. 470/2011, X. v. Switzerland, decision adopted on 24 November 2014,
para. 7.8; and No. 489/2012, Asghar Tahmuresi v. Switzerland, decision adopted on 26 November
2014, para. 7.5.
52 See e.g. the Concluding observations on the second periodic report of Afghanistan
(CAT/C/AFG/CO/2), para. 34 c).
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