CAT/C/4/Rev.3
page 4
Article 2, paragraph 3
11.
The report should indicate:
•
Whether legislation and jurisprudence exist with regard to the prohibition on
invoking superior orders, including orders from military authorities, as a justification
of torture; if these exist, information should be provided on their practical
implementation;
•
Whether there are any circumstances in which a subordinate is permitted lawfully to
oppose an order to commit acts of torture, the recourse procedures available to
him/her and information on any such cases that may have occurred;
•
Whether the position of public authorities with respect to the concept of “due
obedience” as a criminal law defence has any impact on the effective implementation
of this prohibition.
Article 3
12.
This article prohibits the expulsion, return or extradition of a person to a State where
he/she might be tortured. The report should contain information on:
•
Domestic legislation with regard to such prohibition;
•
Whether legislation and practices concerning terrorism, emergency situations,
national security or other grounds that the State may have adopted have had any
impact on the effective implementation of this prohibition;
•
Which authority determines the extradition, expulsion, removal or refoulement of a
person and on the basis of what criteria;
•
Whether a decision on the subject can be reviewed and, if so, before which authority,
what are the applicable procedures and whether such procedures have suspensive
effects;
•
Decisions taken on cases relevant to article 3 and the criteria used in those decisions,
the information on which the decisions are based and the source of this information;
•
The kind of training provided to officials dealing with the expulsion, return or
extradition of foreigners.
Article 4
13.
It is implicit in the reporting obligations imposed by this article that each State shall enact
legislation criminalizing torture in terms that are consistent with the definition in article 1. The
Committee has consistently expressed the view that the crime of torture is qualitatively
distinguishable from the various forms of homicide and assault that exist and therefore should be
separately defined as a crime. The report should contain information on: