CAT/C/GC/4
IV. Diplomatic assurances
19.
The term “diplomatic assurances” as used in the context of the transfer of a person
from one State to another, refers to a formal commitment by the receiving State to the effect
that the person concerned will be treated in accordance with conditions set by the sending
State and in accordance with international human rights standards.
20.
The Committee considers that diplomatic assurances from a State party to the
Convention to which a person is to be deported should not be used as a loophole to
undermine the principle of non-refoulement as set out in article 3 of the Convention, where
there are substantial grounds for believing that the person would be in danger of being
subjected to torture in that State.26
V. Redress
21.
The Committee recalls that it considers the term “redress” in article 14 of the
Convention as encompassing the concepts of “effective remedy” and “reparation”. The
comprehensive reparative concept therefore entails restitution, compensation, rehabilitation,
satisfaction and guarantees of non-repetition and refers to the full scope of measures
required to redress violations under the Convention. 27
22.
States parties should recognize that victims of torture or other cruel, inhuman or
degrading treatment or punishment suffer physical and psychological harm that may require
sustained availability of and access to specialized rehabilitation services. Once such a state
of health and the need for treatment have been medically certified, they should not be
removed to a State where adequate medical services for their rehabilitation are not available
or guaranteed.
VI. Article 3 of the Convention and extradition treaties
23.
States parties may find that a conflict arises between the obligations they have
undertaken under article 3 of the Convention and the obligations they have undertaken
under a multilateral or bilateral extradition treaty, especially when the treaty was concluded
before the ratification of the Convention with a State which is not a party to the Convention
and, therefore, when not yet bound by the provisions of article 3. In this case, the relevant
extradition treaty should be applied in accordance with the principle of non-refoulement.
24.
The Committee acknowledges that the time frame for extradition of a person for the
purpose of criminal prosecution or serving a sentence, who has submitted a communication
under article 22 of the Convention invoking the principle of “non-refoulement”, is a crucial
factor for the respect by the State of its obligations under both the Convention and an
extradition treaty to which it is a party. The Committee, therefore, requests that, should a
State party encounter such a situation, it inform the Committee about any possible conflict
between its obligations under the Convention and those under an extradition treaty from the
beginning of the individual complaint procedure in which the State party is involved so that
the Committee may try to give priority to the consideration of that communication before
the time limit for the obligatory extradition is reached. The State party concerned, however,
should recognize that the Committee can give priority to the consideration of and a decision
on such a communication only during its sessions.
26
27
See Agiza v. Sweden, para. 13.4; Tursunov v. Kazakhstan (CAT/C/54/D/538/2013), para. 9.10; and
H.Y. v. Switzerland (CAT/C/61/D/747/2016), para. 10.7. See also concluding observations on the
combined third to fifth periodic reports of the United States of America (CAT/C/USA/CO/3-5), para.
16; concluding observations on the fourth periodic report of Morocco (CAT/C/MAR/CO/4), para. 9;
concluding observations on the fifth periodic report of Germany (CAT/C/DEU/CO/5), para. 25; and
concluding observations on the second periodic report of Albania (CAT/C/ALB/CO/2), para. 19.
See general comment No. 3 (2012) on the implementation of article 14, para. 2.
5