Advance unedited version VIII. Duties of States parties to consider specific human rights situations in which the principle of “non-refoulement” applies 27. Article 3, paragraph 2, of the Convention provides that “For the purpose of determining whether there are such grounds (for believing that a person would be in danger of being subjected to torture, if expelled, returned or extradited), the competent authorities shall take into account all relevant considerations including, where applicable, the existence in the State concerned of a consistent pattern of gross, flagrant or mass violations of human rights”.29 28. In this regard, the Committee observes that the infliction of cruel, inhuman or degrading treatments or punishments, whether or not amounting to torture, to which an individual or his/her family were exposed in their State of origin or would be exposed in the State to which he/she is being deported, constitutes an indication that the person is in danger of being subjected to torture if he/she is deported to one of those States. Such indication should be taken into account by States parties as a basic element justifying the application of the principle of “non refoulement”. 29. In this connection, the Committee wishes to draw the attention of the States parties to some non-exhaustive examples of human rights situations which may constitute an indication of a risk of torture to which they should give consideration in their decisions on removal of a person from their territory and take them into account when applying the principle of “nonrefoulement”. States parties should consider, in particular: of “non-refoulement” in cases of a risk of torture and other ill-treatment for a person in the country to which he/she is being deported may be found by States parties to the Convention, which are also parties to other relevant treaties, in the following instruments: (a) The International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (Article 56, paragraph 3); (b) The International Convention on the Protection of All Persons from Enforced Disappearances (Article 16, paragraph 1); (c) The 1951 Convention relating to the Status of Refugees (Article 33, paragraph 1); (d) The Charter of the Fundamental Rights of the European Union (Article 19, paragraph 2); (e) The Inter-American Convention to Prevent and Punish Torture (the last paragraph of Article 13); (f) The American Convention on Human Rights (Article 22, paragraphs 8 and 9); (g) The African Charter on Human and Peoples’ Rights (Article 12, paragraph 3); (h) The African Union Convention Governing Specific Aspects of Refugee Problems in Africa (Articles II, paragraph 3, and V, paragraph 1). 29 See e.g. G.R.B v. Sweden, para. 6.3., supra fn. 1; and communications No. 177/2001, H.M.H.I. v. Australia, decision adopted on 1 May 2002, para. 6.5; No. 282/2005, S.P.A. v. Canada, decision adopted on 7 November 2006, para. 7.1; No. 333/2007, T.I. v. Canada, decision adopted on 15 November 2010, para. 7.3; No. 344/2008, A.M.A. v. Switzerland, decision adopted on 12 November 2010, para. 7.2, and No. 490/2012, E.K.W. v. Finland, decision adopted on 4 May 2015, paras. 9.3 and 9.7. 7