CAT/C/CHN/CO/4 page 11 these individuals are referred to by the State party as “illegal immigrants” or “snakeheads” and that such labels presume that these individuals are not deserving of any protection. Similarly, persons extradited to and from neighbouring States do not benefit from legal safeguards against return despite the risk of torture. The Committee is further concerned by the failure of the State party to clarify how it includes in its national laws or practice the prohibition on returning a person to a country where he or she faces a substantial risk of torture, and hence how the State party ensures that its obligations under article 3 of the Convention are fulfilled (art. 3). Under no circumstances should the State party expel, return or extradite a person to a State where there are substantial grounds for believing that the person would be in danger of being subjected to torture. When determining the applicability of its obligations under article 3 of the Convention, the State party should establish an adequate screening process for status determination in order to determine whether persons subject to return may face a substantial risk of torture, particularly in view of the fact that it is reportedly a criminal offence to depart unofficially from the Democratic People’s Republic of Korea, and should provide the Office of the United Nations High Commissioner for Refugees with access to the border region and persons of concern. In the light of the large numbers of citizens of the above State who have crossed into China, the State party needs to be more active in ensuring that the obligations of article 3 are fully met. The State party should also ensure that adequate judicial mechanisms for the review of decisions are in place and sufficient legal defence available for each person subject to extradition, and ensure effective post-return monitoring arrangements. The State party should provide data on the number of persons expelled or returned to neighbouring States. The State party should pursue its efforts to adopt appropriate legislation to fully incorporate into domestic law its obligation under article 3 of the Convention, thereby preventing any persons from being expelled, returned or extradited to another State where there are substantial grounds for believing that he or she would be in danger of being subject to torture. Violence against women 27. While welcoming the adoption of the 2001 Marriage Law explicitly prohibiting domestic violence and the formulation of the Chinese Women Development Programme (20012010) prohibiting all forms of violence against women, the Committee notes the concluding observations of the Committee on the Elimination of All Forms of Discrimination against Women and joins it in being concerned by the lack of legislation prohibiting all forms of violence against women, among them marital rape, and providing effective remedies for victims (art. 16). The State party should pursue its efforts to prevent and punish gender-based violence and, in particular, adopt legislation explicitly prohibiting all forms of violence against women and providing access to justice for victims.