Advance unedited version 15. Article 16 of the Convention provides for the duty of States parties to prevent acts of cruel, inhuman or degrading treatment or punishment (ill-treatment), which do not amount to torture as defined in Article 1 of the Convention. 15 16. States parties should consider whether other forms of ill-treatment that a person facing deportation is at risk of experiencing could likely change so as to constitute torture before making an assessment on each case relating to the principle of “non-refoulement”.16 17. The Committee considers that severe pain or suffering cannot always be objectively assessed. It depends on the negative physical and/or mental repercussions that the infliction of violent or abusive acts has on each individual, taking into account all relevant circumstances of each case, including the nature of the treatment, the sex, age and state of health and vulnerability of the victim or any other status or factors.17 III. Preventive measures to guarantee the principle of “non refoulement” 18. For the purpose of fully implementing Article 3 of the Convention, States parties should take legislative, administrative, judicial and other preventive measures against possible violations of the principle of “non-refoulement”, including: (a) Ensuring the right of each person concerned to have his/her case examined individually and not collectively, to be fully informed of the reasons why he/she is the subject of a procedure which may lead to a decision of deportation, and of the rights legally available to appeal such decision; 18 (b) Providing access of the person concerned to a lawyer,19 to free legal aid when necessary, and access to representatives of relevant international organizations of protection20; (c) The development of an administrative or judicial procedure concerning the person in question in a language that he/she understands, or with the assistance of interpreters and translators; 21 (d) The referral of the person alleging previous torture to an independent medical examination free of charge, in accordance with the Manual on the Effective Investigation and 15 See General Comment No. 2 (2008): Implementation of article 2 by States parties (CAT/C/GC/2), paras. 3 and 6. 16 Other international provisions directly relevant to the application of the principle of non-refoulement in cases of a risk of ill-treatment are listed in paragraph 28 below. 17 See General Comment No. 2 (2008): Implementation of article 2 by States parties (CAT/C/GC/2), para. 21. 18 See e.g. Concluding observations on the combined fifth and sixth periodic reports of Italy (CAT/C/ITA/CO/5-6), para. 21; Concluding observations on the seventh periodic report of Finland (CAT/C/FIN/CO/7), para. 13; Concluding observations on the seventh periodic report of Switzerland (CAT/C/CHE/CO/7), para. 14; Concluding observations on the third periodic report of Belgium (CAT/C/BE/CO/3), para. 22. 19 See e.g. Concluding observations on the seventh periodic report of Finland (CAT/C/FIN/CO/7), para. 13. 20 See e.g. Concluding observations on the second periodic report of Serbia (CAT/C/SRB/CO/2), para. 15. See also Kwami Mopongo et al. v. Morocco, paras. 11.3. -11.4, supra fn. 13. 21 See e.g. Concluding observations on the combined third to fifth periodic reports of Latvia (CAT/C/LVA/CO/3-5), para. 17. 4

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