Advance unedited version (d) Whether the person has been judged in the State of origin or would be judged in the State to which he/she is being deported by a judicial system which does not guarantee the right to a fair trial; 39 (e) Whether the person concerned has been previously detained or imprisoned in the State of origin or would be detained or imprisoned, if deported to a State, in conditions amounting to torture or cruel, inhuman or degrading treatment or punishment; 40 (f) Whether the person concerned would be exposed to sentences of corporal punishment if deported to a State, in which, although corporal punishment is permitted by national law, that punishment would amount to torture or cruel, inhuman or degrading treatment or punishment according to customary international law and the jurisprudence of the Committee and of other recognized international and regional mechanisms for the protection of human rights; 41 (g) Whether the person concerned would be deported to a State in which there are credible allegations or evidence of crimes of genocide, crimes against humanity or war crimes within the meaning of Articles 6, 7 and 8 of the Rome Statute of the International Criminal Court which have been submitted to the Court for its consideration; 42 (h) Whether the person concerned would be deported to a State party to the Geneva Conventions and their Protocols where there are allegations or evidence of its violation of common Articles 3 of the four Geneva Conventions of 12 August 1949 and/or Article 4 of the additional Second Protocol to the Geneva Conventions of 197743 and, in particular, of: (i) Article 3, paragraph 1 (a) of the four Geneva Conventions; 44 and (ii) Article 4, paragraphs 1 and 2, of Protocol II to the Geneva Conventions.45 39 40 41 42 43 44 45 See e.g. Agiza v. Sweden, para.13.4., supra fn. 3; and Ali Fadel v. Switzerland, para. 7.8, supra fn. 22. See e.g. Tony Chahin v. Sweden, para. 9.5., supra fn. 33; and communication No. 538/2013, Tursunov v. Kazakhstan, decision adopted on 8 May 2015, para. 9.8. See e.g. communication No. 682/2015, Rouba Alhaj Ali v. Morocco, decision adopted on 3 August 2016, paras. 8.5 - 8.8. See e.g. Concluding observations on the combined fourth and fifth periodic reports of Croatia (CAT/C/HRV/CO/4-5), para. 11; and Concluding observations on the third periodic report of the former Yugoslav Republic of Macedonia (CAT/C/MKD/CO/3), para. 16. While not quoting directly the provisions of the Geneva Conventions and their Additional Protocols, the Committee has referred in its jurisprudence to situations covered by those provisions, among others, in the following concluding observations: Concluding observations on the fourth periodic report of Turkey (CAT/C/TUR/CO/4), para. 12, and paras. 23 – 26; and Concluding observations on the combined fifth and sixth periodic reports of Italy (CAT/C/ITA/CO/5-6), paras. 20 – 23. Article 3, paragraph 1 (a) of the four Geneva Conventions stipulates that in the case of armed conflict not of an international character [omissis] violence to life and person, in particular, murder of all kinds, mutilation, cruel treatment and torture are and shall remain prohibited with respect to persons taking no active part in the hostilities. See e.g. Concluding observations on the fourth periodic report of the Russian Federation (CAT/C/RUS/CO/4), para. 24; and Concluding observations on the sixth periodic report of Ukraine (CAT/C/UKR/CO/6), para. 11. Article 4, paragraph 1, of the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II), of 8 June 1977, stipulates that all persons who do not take a direct part or who have ceased to take part in hostilities (with reference to armed conflicts listed in Article 2 of the Geneva Conventions and Article 1 of Protocols I and II to those Conventions), whether or not their liberty has been restricted, are entitled to respect of their person, honour and convictions and religious practices. Article 4, paragraph 2, of the Protocol stipulates that the following acts against the persons referred to in paragraph 1 are and shall remain prohibited at any time and in any place whatsoever: (a) violence to the life, health and physical or mental well-being of persons, in particular, murder as well as cruel treatment such as torture, mutilation or any form of corporal punishment; (b) collective punishments; (c) taking of hostages; (d) 9