Article 3. Principle of Non-Refoulement 105 pointed out that as the purpose of the provision was to afford the greatest possible protection against torture, the evidentiary requirement should not be too rigorous and should be kept to a minimum. It was further said that the burden of proof should not fall solely upon the person concerned. 23  Certain minor amendments were also proposed. It was agreed that the words ‘to a State’ should be added after the word ‘person’ in the revised draft. These words were already present in the French and Russian translations of the draft. It was proposed that the word ‘where’ should be replaced by ‘as long as’ or ‘when’ so as to take into account a lapse of time which had removed the danger of the person concerned being subjected to torture. At the same time, it was felt that the word ‘where’ was adequate to cover such situations. 24  A fundamental change was proposed by the USSR in 1979.25 Paragraph 2 sought to develop and illustrate the concept of ‘substantial evidence’ by citing certain types of situations which arose as a result of State policy and which, in the view of the Soviet delegation, were most conducive to torture practices. Although the lists were not identical, this list was based broadly on those mentioned in GA Resolution 32/​130.26 It was not possible to make an exhaustive list of relevant situations. The term ‘colonialism’ was not included because it was encompassed in the broader reference to the ‘suppression of national liberation movements’. 25  Other delegates could not accept the Soviet proposal.27 Concern was expressed that the listing of specific situations might be misinterpreted to imply that there were other situations where torture could be tolerated. It was also said that the main purpose of the Article was to ensure a separate evaluation of the case of each individual, and that it was thus not helpful to refer to general situations. According to the USSR proposal, the aim of Article 3(3) was to ensure that this provision could not be invoked as a pretext for refusing to institute proceedings against persons who have committed the crimes specified. The paragraph would secure punishment for such criminals, but did not oblige States to extradite them to countries where they could be in danger of being subjected to torture. 26  While one delegation proposed that Article 3 be deleted, most delegations were in favour of retaining a provision on this subject.28 However, since no agreement could be reached on the wording of the Article, discussion was suspended to allow further consideration and consultation.29 27  Discussions were resumed in the 1980 Working Group, still based on the revised Swedish draft. The USSR alternative text, which had been proposed in 1979, was reintroduced at the 1980 session. However, as the Soviet proposal caused problems of principle for a great many delegations, attempts were made to find a suitable compromise. In particular, the International Commission of Jurists made such an effort by proposing the following wording of Article 3(2): For the purposes of determining whether there is such evidence all relevant considerations shall be taken into account, including, where applicable, the existence in the State concerned of a consistent pattern of gross violations of human rights, such as those resulting from a state policy of apartheid, 25   Proposed by the USSR at the meeting of the Working Group on 7 March 1979: E/​CN.4/​WG.1/​WP.2 (n 17). This text took into account comments made by other delegations. See above 2.1. 26 27   GA Res 32/​130 of of 16 December 1977.   Burgers and Danelius (n 21) 51. 28  ibid. 29   Report of the Working Group of the Commission on Human Rights (1979) UN Doc E/​CN.4/​L.1470. Ammer/Schuechner