31. The Committee has held that each claimant is entitled to a thorough and individual examination, on a
case-by-case basis, of his or her non-refoulement claims.36 The claimant should be heard and granted
the opportunity to provide evidence in proceedings guaranteeing all necessary legal safeguards.37
Recommended textual change paragraph 18(a):
18 (a) Ensuring the right of each person concerned to have his/her case examined individually and not
collectively, with an individualised and rigorous scrutiny of the claims and circumstances presented and
substantiated, and to be fully informed, orally and in writing in a language that he or she understands, of
the reasons why he/she is the subject of a procedure which may lead to a decision of deportation involuntary
transfer.
Recommended textual addition paragraph 18(a) bis (right to information and notification of rights):
32. Lack of information on available domestic remedies may result in de facto limitations on the right to
access remedies.38 The draft General Comment does not refer to the requirement that a person be
notified of their rights - including but not limited to those listed in this paragraph - during the
assessment of their non-refoulement claim. The notification of rights is the first requirement to ensure
practical and effective enjoyment of those rights. This Committee has previously required States
parties to ensure that foreign nationals threatened with transfer are informed of their rights in a
language that they understand, including of the right to appeal.39
Recommended textual addition: paragraph 18(a) bis:
18 (a) bis: States parties should ensure that any person threatened with involuntary transfer is provided
with necessary information on their rights in a language he or she understands. Such information should
be provided at the earliest possible opportunity and should include clear explanations of the relevant
procedures and the person’s rights to: a lawyer, legal aid, to have his/her case examined individually
and not collectively, to be informed of the reasons why s/he is subject to a procedure that might lead to
involuntary transfer, the right to assistance of interpreters and translators, the right to an independent
medical examination free of charge, and the right to appeal a deportation or removal order to a judicial
body that meets the criteria set out at paragraph 18(e) below.
iv) Paragraph 18(b)
33. The Committee has repeatedly expressed concern that individuals who are at risk of refoulement do
not enjoy effective procedural guarantees to access legal remedies, including due to the lack of access
to free legal aid. Consequently, they are not able to effectively present and substantiate their claims,
including in appeals against deportation orders.40 In this regard, the Committee has recommended that
State parties should “guarantee access to independent, qualified and free-of-charge legal assistance for
asylum seekers during the entire asylum procedure, at first instance level and during the judicial
36
CAT, Concluding Observations: Hong Kong, China, UN Doc. CAT/C/CHN-HKG/CO/5, 3 Feb. 2016, para. 7 (b); CAT,
Concluding Observations: Finland, UN Doc. CAT/C/FIN/CO/7, 20 Jan. 2017, para 13(b); CAT, Concluding
Observations: France, UN Doc. CAT/C/FRA/CO/4-6, 20 May 2010, para. 15.
37
CAT, Concluding Observations: Norway, UN Doc. CAT/C/NOR/CO/6-7, 13 Dec. 2013, para.16; CAT, Concluding
Observations: Hungary, UN Doc. CAT/C/HUN/CO/4, 6 Feb. 2007, para. 10; CAT, Concluding Observations: Bosnia and
Herzegovina, UN Doc. CAT/C/BIH/CO/1, 15 Dec.2005, para. 12.
38
CAT, S.H. v. Norway, UN Doc. CAT/C/23/D/121/1998, 19 Nov. 1999, para. 7.4; CAT, Z.T. v. Norway, U.N. Doc.
CAT/C/23/D/127/1999, 19 Nov. 1999, para. 7.4.
39
CAT, Concluding Observations: Norway, UN Doc. CAT/C/NOR/CO/6-7, 13 Dec. 2013, para.16.
40
CAT, Concluding Observations: Greece, UN Doc. CAT/C/GRC/CO/5-6, 27 June 2012.
16
AI Index: IOR 40/6040/2017