CAT/C/47/D/444/2010 11.3 The Committee has taken note of the complainants’ allegations that their forcible return to Uzbekistan would constitute a violation of the State party’s obligations under article 3 of the Convention, and of the State party’s comments thereon. The Committee has noted the State party’s arguments that the complainants’ return was carried out with sufficient guarantees that no breach of the complainants’ rights under the Convention would occur in Uzbekistan. The Committee considers however that this is an issue that should be determined on the merits, and notes, in this context, that the existence of unspecified “assurances”, given by the receiving State (see paragraph 7.4 above), without, for example, explanations on any post-extradition monitoring mechanism of the complainants’ situation in Uzbekistan, cannot be seen as a circumstance demonstrating that there is no prima facie risk for a violation of the complainants’ rights under article 3, of the Convention. Accordingly, the Committee declares admissible the complainants’ claim, raising issues under article 3 of the Convention. 12. The Committee therefore decides: (a) That, by breaching the Committee’s request under rule 114 of its rules of procedures, the State party has failed in its obligations to cooperate in a good faith under article 22, of the Convention (see paragraphs 10.1 and 10.2 above); (b) That the communication is admissible insofar as it raises issues with respect to article 3 of the Convention; (c) To accede to the State party’s request for an oral hearing, and, accordingly, to invite it, together with the authors’ counsel to an oral hearing on the merits of the communication, to take place at the Committee’s forty-eighth session, in May 2012; (d) That the State party is requested to submit additional observations on the merits, in particular an updated information of the present situation of the complainants, within two months of the date of transmittal to it of this decision; (e) That the State party’s observations shall be transmitted to counsel so that she may formulate comments in that respect; and (f) That this decision shall be communicated to the State party and to the complainants. [Adopted in English, French and Spanish, the English text being the original version. Subsequently to be issued also in Arabic, Russian and Chinese as part of the Committee’s annual report to the General Assembly.] 12