Advance unedited version being subjected to torture in a State to which he or she is facing deportation, either as an individual or a member of a group which may be at risk of being tortured in the State of destination. The Committee’s practice has been to determine that “substantial grounds” exist whenever the risk of torture is “foreseeable, personal, present and real”.6 12. Any person found to be at risk of torture if deported to a given State should be allowed to remain in the territory under the jurisdiction or control or authority of the State party concerned so long as the risk persists.7 The person in question should not be detained without proper legal justification and safeguards. Detention should always be an exceptional measure based on an individual assessment8 and subject to regular review.9 Furthermore, the person at risk should never be deported to another State where he/she may subsequently face deportation to a third State in which there are substantial grounds for believing that he/she would be in danger of being subjected to torture.10 13. Each case should be individually, impartially and independently examined by the State party through competent administrative and/or judicial authorities,11 in conformity with essential procedural safeguards, notably the guarantee of a prompt and transparent process, a review of the deportation decision and of a suspensive effect of the appeal.12 In each case, the person concerned should be informed of the intended deportation in a timely manner. Collective deportation,13 without an objective examination of the individual cases in regard to personal risk, should be considered as a violation of the principle of “non-refoulement”. 14. States parties should not adopt dissuasive measures or policies, such as detention in poor conditions for indefinite periods, refusing to process claims for asylum or unduly prolong them, or cutting funds for assistance programs to asylum seekers, which would compel persons in need of protection under Article 3 of the Convention to return to their country of origin in spite of their personal risk of being subjected there to torture and other cruel, inhuman or degrading treatment or punishment.14 6 See e.g. communications No. 258/2004, Dadar v. Canada, decision adopted on 23 November 2005, para. 8.4; No. 226/2003, T.A. v. Sweden, decision adopted on 6 May 2005, para. 7.2; No. 356/2008, N.S. v. Switzerland, decision adopted on 6 May 2010, para. 7.3; and No. 614/2014, Subakaran R. Thirugnanasampanthar v. Australia, decision adopted on 9 August 2017, para. 8.3. 7 See e.g. communication No. 34/1995, Aemei v. Switzerland, decision adopted on 29 May 1997, para. 11. 8 See e.g. Concluding observations on the fourth periodic report of Turkey (CAT/C/TUR/CO/4), para. 26. 9 See e.g. Concluding observations on the fifth periodic report of the United Kingdom of Great Britain and Northern Ireland (CAT/C/GBR/CO/5), para. 30, and Concluding observations on the sixth and seventh periodic reports of Sweden (CAT/C/SWE/CO/6-7), para.10 10 See e.g. General Comment No. 1 (1997): Implementation of Article 3 of the Convention in the context of Article 22 (A/53/44, Annex IX), para. 2; communications no. 21/1997, Avedes Hamayak Korban v. Sweden, decision adopted on 16 November 1998, para. 7; and no. 153/2000, Z.T. v. Australia, decision adopted on 11 November 2003, para. 6.4; and Concluding observations on the fifth and sixth periodic report of Greece (CAT/C/GRC/CO/5-6), para. 19, and Concluding observations on the second periodic report of Serbia (CAT/C/SRB/CO/2), para. 15. 11 See e.g. Agiza v. Sweden, para. 13.8., supra fn. 3. 12 See e.g. Concluding observations on Greece (CAT/C/GRC/CO/5-6), para. 19 and Concluding observations on the combined fifth and sixth periodic reports of Italy (CAT/C/ITA/CO/5-6), para. 21 c). 13 See e.g. communication No. 321/2007, Kwami Mopongo et al. v. Morocco, decision of 7 November 2014, paras. 6.2. - 6.3. and 11.3. -11.4.; and CCPR, General Comment No. 15: The position of aliens under the Covenant, 11 April 1986, para. 10; and International Convention on the Rights of All Migrant Workers and Members of Their Families, article 22, paragraph 1. 14 See e.g. Concluding observations on Greece (CAT/C/GRC/CO/5-6), para. 19. 3

Select target paragraph3