We suggest that 53 (h) and (i) are merged and the following wording is considered: “Whether the
complainant has a history of PTSD or other similar symptoms that may result in their inability to
disclose all relevant details of their case or cause the person to present incomplete or inconsistent
accounts.”
v) Paragraphs 50, 51 and 52: internal flight/relocation alternative
92. We consider that paragraphs 50-52 provide critical guidance on the approach that the Committee takes
to the question of internal flight alternative. This is another instance where the Committee’s guidance
is clearly applicable and relevant beyond individual communications under Article 22; the Committee
authoritatively and helpfully addresses a question pertaining to States parties’ effective
implementation of their non-refoulement obligations under the Convention as a whole (see also our
comment at the beginning of this section). We note that the explanation in paragraph 51 of internal
flight alternative, namely, “the deportation of a person or a victim of torture to an area of a State where
he/she would not be exposed to torture unlike in other areas of the same State” is unwittingly too
narrow since in many instances the actual place where individuals are transferred may well be the
same place from which they have fled -- and where they would face a real risk -- but they are expected
to safely travel to, access, and establish themselves in another area, constituting a viable internal flight
alternative. We also note that often the term “internal relocation alternative” is used instead of internal
flight alternative. Further, there are criteria developed under international refugee law, including with
respect to safety en route, actual accessibility of the area, and reasonableness in terms of expecting the
individual concerned to actually reach and stay in the said area. In practice this means that if the
individual concerned would in fact be compelled to return to the site where there is a real risk of illtreatment or to another part of the country where serious harm may be a possibility, then the internal
flight/relocation alternative is not viable because it would result in constructive refoulement. If the
individual cannot in practice reach the proposed site of relocation then internal flight will not be a
reasonable option. This would include: cases where the person was being transferred to or through the
place where they have a well-founded fear of persecution; logistical or safety impediments; travelling
through minefields or risking attack or banditry; extortion; etc. Thus, some critical questions concern
the following: is the area of relocation practically, safely and legally accessible to the individual? Does
the risk emanate from State or non-State actors? Can the individual lead a relatively normal life without
facing undue hardship in the alternative location concerned? States parties should take those criteria
into account when ascertaining the viability of a potential internal flight alternative.
We therefore recommend the following textual revisions.
Recommended textual changes:
Paragraph 50
Paragraph 50: replace “expelled, returned or extradited” with “involuntarily transferred”
Paragraph 51
51. The Committee considers that the so called “internal flight alternative” (also referred to as “internal
relocation alternative”) i.e. the deportation of a person or a victim of torture to an area of a State where he/she
would not be exposed to torture unlike in other areas of the same State requires consideration of at least the
following questions in order to ascertain whether the individuals concerned would be able to avail
themselves of a viable internal flight/relocation alternative: is the area of relocation practically, safely
40
AI Index: IOR 40/6040/2017
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