Advance unedited version
seeker, an unaccompanied minor, a woman who has been subjected to violence or a person
with disabilities (measures of protection).69
41.
Guarantees and safeguards should include linguistic, legal, medical, social and, when
necessary, financial assistance as well as the right to a recourse against a decision of
deportation within a reasonable timeframe for a person in a precarious and stressful situation
and with the suspensive effect of the enforcement of the deportation order. In particular, an
examination by a qualified medical doctor, including as requested by the complainant to
prove the torture that he/she has suffered, should always be ensured, regardless of the
authorities’ assessment on the credibility of the allegation, 70 so that the authorities deciding
on a given case of deportation are able to complete the assessment of the risk of torture on
the basis of the result of the medical and psychological examinations, without any reasonable
doubt.71
42.
Torture victims and other vulnerable persons frequently suffer from Post-Traumatic
Stress Disorder (PTSD) which can result in a broad range of symptoms, including involuntary
avoidance and dissociation. These symptoms may affect the ability of the person to disclose
all relevant details or to relay a consistent story throughout the proceedings. In order to ensure
that victims of torture or other vulnerable persons are afforded an effective remedy, States
parties should refrain from following a standardized credibility assessment process to
determine the validity of a non-refoulement claim. As regards potential factual contradictions
and inconsistencies in the author's allegations, the States parties should appreciate that
complete accuracy can seldom be expected from victims of torture.72
43.
To determine whether there are substantial grounds for believing that a person would
be in danger of being subjected to torture if deported, the Committee considers crucial the
existence in the State concerned of a consistent pattern of gross, flagrant or mass violations
of human rights referred to in Article 3, paragraph 2, of the Convention. These violations
include, but they are not limited to: (a) widespread use of torture 73 and impunity of its
perpetrators;74 (b) harassment and violence against minority groups;75 (c) situations
conducive to genocide;76 (d) widespread gender-based violence;77 (e) widespread use of
sentencing and imprisonment of persons exercising fundamental freedoms;78 and (f)
situations of international and non-international armed conflicts79.
69
See e.g. Concluding observations on the fourth periodic report of the Netherlands
(CAT/C/NET/CO/4), para. 7; and Concluding observations on the fourth periodic report of Cyprus
(CAT/C/CYP/CO/4), paras. 13 - 14.
70 See e.g. M.B. et al. v. Denmark, para. 9.8, supra fn. 22.
71 See also supra fn. 18 – 25.
72 See e.g. communications No. 21/1995, Alan v. Switzerland, para. 11.3.; No. 41/1996, Kioski v. Sweden,
decision adopted on 12 February 1996, para. 9.3; No. 101/1997, Haydin v. Sweden, decision adopted
on 16 December 1998, paras. 6.6 and 6.7; No. 279/2005, C.T. and K.M. v. Sweden, decision adopted
on 17 November 2006, para. 7.6; E.K.W. v. Finland, supra fn. 29, para. 9.6; and M.B. et al. v. Denmark,
para. 9.6, supra fn. 22.
73 See e.g. communication No. 554/2013, X. v. Kazakhstan, decision adopted on 3 August 2015, para.
12.7.
74 See e.g. communication No. 505/2012, P.S.B. and T.K. v. Canada, decision adopted on 13 August
2015, para 8.3.
75 See e.g. Subakaran R. Thirugnanasampanthar v. Australia, para. 8.7., supra fn. 6.
76 See e.g. Concluding observations on the initial report of Iraq (CAT/C/IRQ/CO/1), paras. 11 – 12;
77 See e.g. communication No. 562/2013, J.K. v. Canada, decision adopted on 23 November 2015,
paras. 10.5 - 10.6.
78 See e.g. communication No. 492/2012, Abed Azizi v. Switzerland, decision adopted on 27 November
2014, paras. 8.5 - 8.8.
79 See e.g. Concluding observations on the initial report of Chad (CAT/C/TCD/CO/1), para. 22.
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