CAT/C/GC/4 August 1949, and relating to the protection of victims of international armed conflicts (Additional Protocol I);48 (k) Whether the person concerned would be deported to a State where the inherent right to life is denied, including the exposure of the person to extrajudicial killings or enforced disappearance, or where the death penalty is in force49 and considered as a form of torture or cruel, inhuman or degrading treatment or punishment by the deporting State party, in particular: (i) If the latter has abolished the death penalty or established a moratorium on its execution;50 (ii) Where the death penalty would be imposed for crimes that are not considered by the deporting State party as the most serious crimes;51 (iii) Where the death penalty is carried out for crimes committed by persons below the age of 18 years52 or on pregnant women, nursing mothers or persons who have a severe mental disability; (l) The State party concerned should also evaluate whether the circumstances and the methods of execution of the death penalty and the prolonged period and conditions of the person on death row 53 could amount to torture or cruel, inhuman or degrading treatment or punishment for the purpose of applying the principle of “non-refoulement”;54 (m) Whether the person concerned would be deported to a State where reprisals amounting to torture have been or would be committed against the person, members of the person’s family or witnesses of the person’s arrest and detention, such as violent and terrorist acts against them, the disappearance of those family members or witnesses, their killings or their torture;55 (n) Whether the person concerned would be deported to a State where the person was subjected to or would run the risk of being subjected to slavery and forced labour 56 or trafficking in human beings; (o) Whether the person concerned is below the age of 18 years and would be deported to a State where the person’s fundamental child rights were previously violated 48 49 50 51 52 53 54 55 56 Article 75 (2) of Additional Protocol I stipulates that the following acts are and shall remain prohibited at any time and in any place whatsoever, whether committed by civilian or by military agents: (a) violence to the life, health, or physical or mental well-being of persons, in particular: (i) murder; (ii) torture of all kinds, whether physical or mental; (iii) corporal punishment; and (iv) mutilation; (b) outrages upon personal dignity, in particular humiliating and degrading treatment, enforced prostitution and any form of indecent assault; (c) the taking of hostages; (d) collective punishments; and (e) threats to commit any of the foregoing acts. See, for example, concluding observations on the initial report of Chad (CAT/C/TCD/CO/1), para. 34. See, for example, concluding observations on the second periodic report of Belgium (CAT/C/BEL/CO/2), para. 10. See, for example, Rouba Alhaj Ali v. Morocco, paras. 8.5–8.8. See, for example, X. v. Switzerland (CAT/C/53/D/470/2011), para. 7.8; and Asghar Tahmuresi v. Switzerland (CAT/C/53/D/489/2012), para. 7.5. See, for example, concluding observations on the second periodic report of Afghanistan (CAT/C/AFG/CO/2), para. 34 (c). See concluding observations on the combined third to fifth periodic reports of the Republic of Korea (CAT/C/KOR/CO/3-5), para. 30 (b). See, for example, concluding observations on the second periodic report of Afghanistan (CAT/C/AFG/CO/2), para. 34; and concluding observations on the second periodic report of Mongolia (CAT/C/MNG/CO/2), para. 22. See, for example, Hussein Khademi and others v. Switzerland (CAT/C/53/D/473/2011), paras. 7.4– 7.6; Nasirov v. Kazakhstan, para. 11.9; and N.A.A. v. Switzerland (CAT/C/60/D/639/2014), paras. 7.7–7.11. See, for example, Tony Chahin v. Sweden, para. 9.5. 9

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