CAT/C/GC/4 and/or would be violated, creating irreparable harm, such as the person’s recruitment as a combatant participating directly or indirectly in hostilities 57 or for providing sexual services. IX. Non-State actors 30. Equally, States parties should refrain from deporting individuals to another State where there are substantial grounds for believing that they would be in danger of being subjected to torture or other ill-treatment at the hands of non-State entities, including groups that are unlawfully exercising actions that inflict severe pain or suffering for purposes prohibited by the Convention, and over which the receiving State has no or only partial de facto control, or whose acts it is unable to prevent or whose impunity it is unable to counter.58 X. Specific requirements for the submission of individual communications under article 22 of the Convention and interim measures of protection A. Admissibility 31. The Committee considers that it is the responsibility of the author of a communication to provide exhaustive arguments for the complaint of alleged violation of article 3 of the Convention in such a way that, from the first impression (prima facie) or from subsequent submissions, if necessary, the Committee finds that it is relevant for consideration under article 22 of the Convention and that it fulfils each of the requirements established under rule 113 of the Committee’s rules of procedure. 32. A State party’s obligations under the Convention apply from the date of the entry into force of the Convention for that State party. However, the Committee will consider communications on alleged violations of the Convention which occurred before a State party’s recognition of the Committee’s competence under article 22 of the Convention through the declaration provided for in article 22, if the effects of those alleged violations continued after the State party’s declaration, and if such effects may constitute in themselves a violation of the Convention.59 33. With reference to article 22 (5) (a) of the Convention, which requires that the Committee shall not consider any individual communication under that article unless it has ascertained that the same matter has not been, and is not being, examined under another procedure of international investigation or settlement, the Committee considers that “the same matter” should be understood as relating to the same parties, the same facts and the same substantive rights.60 34. According to article 22 (5) (b) of the Convention, the complainant must have exhausted all available domestic remedies, provided for in law and in practice, that bring effective relief.61 Article 22 (5) (b) further provides that this shall not be the rule where the application of the remedies is unreasonably prolonged or is unlikely to bring effective relief 57 58 59 60 61 10 See, for example, concluding observations on the initial report of Chad (CAT/C/TCD/CO/1), para. 34. See, for example, S.S. Elmi v. Australia (CAT/C/22/D/120/1998), paras. 6.8 and 6.9; and M.K.M. v. Australia (CAT/C/60/D/681/2015), para. 8.9. See, for example, N.Z. v. Kazakhstan (CAT/C/53/D/495/2012), para. 12.3. See, for example, A.A. v. Azerbaijan (CAT/C/35/D/247/2004), para. 6.8; E.E. v. the Russian Federation (CAT/C/50/D/479/2011), para. 8.4; N.B. v. the Russian Federation (CAT/C/56/D/577/2013), para. 8.2; M.T. v. Sweden (CAT/C/55/D/642/2014), para. 8.3; and Mr. U. v. Sweden (CAT/C/56/D/643/2014), para. 6.4. See, for example, Mr. Y. v. Canada (CAT/C/55/D/512/2012), para. 7.2; and Olga Shestakova v. the Russian Federation (CAT/C/62/D/712/2015), para. 6.4.

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