Advance unedited version
(l)
The State party concerned should also evaluate whether the circumstances and
the methods of execution of the death penalty and the prolonged period and conditions of the
person sentenced to death in death row detention53 could amount to torture or a cruel,
inhuman or degrading treatment or punishment for the purpose of applying the principle of
“non-refoulement”;54
(m) Whether the person concerned would be deported to a State where reprisals
amounting to torture have been or would be committed against him/her, members of the
family or witnesses of his/her arrest and detention, such as violent and terrorist acts against
them, the disappearance of those family members or witnesses, their killings or their torture; 55
(n)
Whether the person concerned would be deported to a State where he/she was
subjected or would run the risk of being subjected to slavery and forced labor56 or trafficking
in human beings;
(o)
Whether the person concerned is below the age of 18 years and would be
deported to a State where his fundamental child rights were previously violated and/or would
be violated creating irreparable harm, such as his/her recruitment as a combatant participating
directly or indirectly in hostilities57 or for providing sexual services.
IX. Non-State actors
30.
Equally, States parties should refrain from deporting individuals to another State
where there are substantial grounds for believing that they would be in danger of being
subjected to torture or other ill-treatment at the hands of non-State entities, including groups
which are unlawfully exercising actions that inflict severe pain or suffering for purposes
prohibited by the Convention, and over which the receiving State has no or only partial de
facto control or whose acts it is unable to prevent nor to counter their impunity. 58
X. Specific requirements for the submission of individual
communications under Article 22 of the Convention and
interim measures of protection
A. Admissibility
31.
The Committee considers that it is the responsibility of the author of a communication
to provide exhaustive arguments for his/her complaint of alleged violation of Article 3 of the
Convention in such a way that, from the first impression (prima facie) or from subsequent
submissions, if necessary, the Committee finds it relevant for consideration under article 22
53
54
55
56
57
58
Concluding observations on the combined third to fifth periodic reports of the Republic of Korea
(CAT/C/KOR/CO/3-5), para. 30 b).
See e.g. the Concluding observations on the second periodic report of Afghanistan
(CAT/C/AFG/CO/2), para. 34; and Concluding observations on the second periodic report of
Mongolia (CAT/C/MNG/CO/2), para. 22.
See e.g. communications No. 473/2011, Hussein Khademi et al. v. Switzerland, decision adopted on
14 November 2014, paras. 7.4. - 7.6; Nasirov v. Kazakhstan, para. 11.9, supra fn. 33; and No.
639/2014, N.A.A. v. Switzerland, decision adopted on 2 May 2017, paras. 7.7 - 7.11.
See e.g. Tony Chahin v. Sweden, para. 9.5, supra fn. 33.
See e.g. Concluding observations on the initial report of Chad (CAT/C/TCD/CO/1), para. 34.
See e.g. communications No. 120/1998, S.S. Elmi v. Australia, decision adopted on 14 May 1999,
paras. 6.8 - 6.9; and No. 681/2015, M.K.M. v. Australia, decision adopted on 10 May 2017, para. 8.9.
11