Advance unedited version II. General principles 5. Article 3, paragraph 1, of the Convention provides that “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.”1 6. Pursuant to Article 22 of the Convention, the Committee receives and considers communications from or on behalf of individuals subject to a State party’s jurisdiction who claim to be victims of a violation by a State party of the provisions of the Convention in respect of any State party that has declared that it recognizes the Committee’s competence in this regard. 7. Most of the communications received by the Committee refer to alleged violations by States parties of Article 3 of the Convention. This General Comment provides guidance to the States parties, the complainants and their representatives on the scope of Article 3 and on how the Committee assesses the admissibility and the merits of the individual communications submitted to the Committee for its consideration. 8. The Committee recalls that the prohibition of torture, as defined in Article 1 of the Convention, is absolute. Article 2, paragraph 2, of the Convention provides that “No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture”. The Committee further recalls that other acts of ill-treatment are equally prohibited, and that the prohibition of ill-treatment is likewise non-derogable.2 9. The principle of “non-refoulement” of persons to another State where there are substantial grounds for believing that they would be in danger of being subjected to torture is similarly absolute.3 10. Each State party must apply the principle of non-refoulement in any territory under its jurisdiction or any area under its control or authority, or on board a ship or aircraft registered in the State party, to any person, including persons requesting or in need of international protection, without any form of discrimination and regardless of the nationality or statelessness or the legal, administrative or judicial status of the person concerned under ordinary or emergency law. As the Committee noted in its General Comment No. 2, “the concept of ‘any territory under its jurisdiction’… includes any territory or facilities and must be applied to protect any person, citizen or non-citizen without discrimination subject to the de jure or de facto control of the State party” [para. 7].4 11. The non-refoulement obligation in article 3 of the Convention exists whenever there are “substantial grounds”5 for believing that the person concerned would be in danger of 1 2 3 4 5 2 Article 3 must be interpreted by reference to the definition of torture set out in article 1 of the Convention - see e.g. communication No. 83/1997, G.R.B. v. Sweden, Views adopted on 15 May 1998, para. 6.5. See General Comment No. 2 (2008): Implementation of article 2 by States parties (CAT/C/GC/2), paras. 3, 6, 19 and 25. See communications No. 39/1996, Tapia Paez v. Sweden, Views adopted on 28 April 1997, para. 14.5; No. 110/1998, Núñez Chipana v. Venezuela, Views adopted on 10 November 1998, para. 5.6, No. 233/2003, Agiza v. Sweden, decision adopted on 20 May 2005, para. 13.8; No. 297/2006, Singh Sogi v. Canada, decision adopted on 16 November 2007, para. 10.2; No. 444/2010, Abdussamatov et al. v. Kazakhstan, decision adopted on 1 June 2012, para. 13.7; and No. 475/2011, Nasirov v. Kazakhstan, decision adopted on 14 May 2014, para. 11.6. See General Comment No. 2 (2008): Implementation of article 2 by States parties (CAT/C/GC/2), paras. 7 and 16. See e.g. Tapia Paez v. Sweden, para 14.5, supra fn. 3.

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