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CAT Article 3 - CAT Article 3
1. No State Party shall expel, return ("refouler") or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture.
2. For the purpose of determining whether there are such grounds, the competent authorities shall take into account all relevant considerations including, where applicable, the existence in the State concerned of a consistent pattern of gross, flagrant or mass violations of human rights
5 Related Recommendations
| No |
Recommendation |
Convention/Treaty Body |
| CAT-44(a) |
44(a) Comply with its obligation not to expel, return or extradite a person to another State where there is substantial evidence to believe the person would be in danger of being subjected to torture; |
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment |
| CAT-44(b) |
44(b) Ensure that decisions concerning expulsion or deportation are subjected to judicial review and are reviewed on an individual basis; |
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment |
| CAT-44(c) |
44(c) Provide for the right of persons concerned to effective judicial remedy, including the possibility to appeal the decision, and ensure that the appeal has suspensive effect; |
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment |
| CAT-44(d) |
44(d) Detain persons who may be subject to expulsion only as a measure of last resort; |
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment |
| CAT-44(e) |
44(e) In its next report, provide the Committee with information on the number of persons who have been expelled, extradited or deported, and to which countries; on the number of cases where decisions to expel a person have been overturned or quashed by judicial authorities applying the principle of non-refoulement; and on other measures taken to ensure the application of the non-refoulement principle in practice. |
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment |
0 Related NHR Action Plans