“… [T]he committee is not an exclusively legal and not an adjudicative body; its power under article 19 is to make general comments; the committee did not, in making this recommendation, advance any analysis or interpretation of article 14 of the Convention; and it was no more than a recommendation. Whatever its value in influencing the trend of international thinking, the legal authority of this recommendation is slight.” General Comments of the CAT 42. The CAT has published four General Comments on UNCAT. In these proceedings, particular reliance has been placed on General Comment No 2: Implementation of article 2 by States Parties, 24 January 2008 (CAT/C/GC/2) and General Comment No 4: Implementation of article 3 of the Convention in the context of article 22, 4 September 2018 (CAT/C/GC/4). 43. The appellant submits that the CAT has consistently defined “official capacity” according to whether the person or entity is carrying out a public function on behalf of the State. In this regard, she relies, in particular, on the following passage in General Comment No 2: “The Convention imposes obligations on States parties and not on individuals. States bear international responsibility for the acts and omissions of their officials and others, including agents, private contractors and others acting in an official capacity or acting on behalf of the State, in conjunction with the State, under its direction or control, or otherwise under colour of law.” (at para 15) It is, of course, correct that UNCAT is binding on the Contracting States in international law and that it does not itself impose obligations on individuals. Rather, it imposes on each State party an obligation to create and enforce in its domestic law an offence which conforms with the definition in article 1. However, it is not possible to derive from this the conclusion that torture within article 1 is limited to conduct attributable to the State as suggested by the appellant. Furthermore, this passage is not necessarily intended to be an exclusive description of the scope of article 1. 44. The appellant also relies on the following passage in General Comment No 4 on the implementation of the non-refoulment obligation in article 3: Page 21