CAT/C/GC/4
(a)
Whether the person concerned had previously been arrested arbitrarily in the
person’s State of origin without a warrant and/or has been denied fundamental guarantees
for a detainee in police custody, such as: 30
(i)
Notification of the reasons of the person’s arrest in writing and in a language
that the person understands;31
(ii)
Access to a family member or a person of the concerned individual’s choice
for informing them of the arrest;32
(iii) Access to a lawyer free of charge when necessary and, upon request, access
to a lawyer of the person’s choice at the person’s own expense for the person’s
defence;33
(iv) Access to an independent medical doctor for an examination and treatment of
the person’s health or, for this purpose, to a medical doctor of the person’s choice at
the person’s own expense;34
(v)
Access to an independent specialized medical entity to certify the person’s
allegations of having been subjected to torture;35
(vi) Access to a competent and independent judicial institution that is empowered
to judge the person’s claims for the treatment in detention within the time frame set
by law or within a reasonable time frame to be assessed for each particular case;36
(b)
Whether the person has been a victim of brutality or excessive use of force by
public officials on the basis of any form of discrimination in the State of origin or would be
exposed to such brutality in the State to which the person is being deported;37
(c)
Whether, in the State of origin or in the State to which the person is being
deported, the person has been or would be a victim of violence, including gender-based or
sexual violence, in public or in private, gender-based persecution or genital mutilation,
amounting to torture, without the intervention of the competent authorities of the State
concerned for the protection of the victim;38
(d)
Whether the person has been judged in the State of origin or would be judged
in the State to which the person is being deported in a judicial system that does not
guarantee the right to a fair trial;39
(e)
Whether the person concerned has previously been detained or imprisoned in
the State of origin or would be detained or imprisoned, if deported to a State, in conditions
amounting to torture or cruel, inhuman or degrading treatment or punishment; 40
(f)
Whether the person concerned would be exposed to sentences of corporal
punishment if deported to a State in which, although corporal punishment is permitted by
national law, that punishment would amount to torture or cruel, inhuman or degrading
treatment or punishment according to customary international law and the jurisprudence of
30
31
32
33
34
35
36
37
38
39
40
See, for example, Ali Fadel v. Switzerland, paras. 7.7 and 7.8.
See, for example, Sylvie Bakatu-Bia v. Sweden (CAT/C/46/D/379/2009), paras. 2.2 and 10.5; and Ali
Fadel v. Switzerland, para. 7.7.
See, for example, Ramiro Ramírez Martínez and others v. Mexico (CAT/C/55/D/500/2012), para.
17.5; and Patrice Gahungu v. Burundi (CAT/C/55/D/522/2012), para. 7.6.
See, for example, Tony Chahin v. Sweden (CAT/C/46/D/310/2007), para. 9.4; and Nasirov v.
Kazakhstan, paras. 2.2, 11.6 and 11.9.
See, for example, Ramiro Ramírez Martínez and others v. Mexico, para. 17.5; Patrice Gahungu v.
Burundi, para. 7.7; and X. v. Burundi (CAT/C/55/D/553/2013), para. 7.5.
See, for example, Combey Brice Magloire Gbadjavi v. Switzerland (CAT/C/48/D/396/2009), paras.
2.1 and 7.5–7.8; and Ali Fadel v. Switzerland, paras. 2.4 and 7.6–7.8.
See, for example, Ramiro Ramírez Martínez and others v. Mexico, paras. 17.5 and 17.6; Patrice
Gahungu v. Burundi, para. 7.7; and X. v. Burundi, 7.5 and 7.6.
See, for example, F.K. v. Denmark (CAT/C/56/D/580/2014), paras. 7.5 and 7.6.
See, for example, Sylvie Bakatu-Bia v. Sweden, paras. 10.5–10.7.
See, for example, Agiza v. Sweden, para. 13.4; and Ali Fadel v. Switzerland, para. 7.8.
See, for example, Tony Chahin v. Sweden, para. 9.5; and Tursunov v. Kazakhstan, para. 9.8.
7