CAT/C/GC/4
the Committee and of other recognized international and regional mechanisms for the
protection of human rights;41
(g)
Whether the person concerned would be deported to a State in which there
are credible allegations or evidence of crimes of genocide, crimes against humanity or war
crimes within the meaning of articles 6, 7 and 8 of the Rome Statute of the International
Criminal Court that have been submitted to the Court for its consideration; 42
(h)
Whether the person concerned would be deported to a State party to the
Geneva Conventions of 12 August 1949 and the Additional Protocols thereto where there
are allegations or evidence of its violation of common article 3 of the four Geneva
Conventions of 12 August 1949 and/or article 4 of the Protocol additional to the Geneva
Conventions of 12 August 1949, and relating to the protection of victims of noninternational armed conflicts (Protocol II),43 and, in particular, of: (i) article 3 (1) (a) of the
four Geneva Conventions;44 and (ii) article 4 (1) and (2) of Protocol II;45
(i)
Whether the person concerned would be deported to a State where there are
allegations or evidence of its violation of article 12 of the Geneva Convention relative to
the Treatment of Prisoners of War (Third Geneva Convention);46
(j)
Whether the person concerned would be deported to a State where there are
allegations or evidence of its violation of articles 32 or 45 of the Geneva Convention
relative to the Protection of Civilian Persons in Time of War (Fourth Geneva
Convention);47 or article 75 (2) of the Protocol additional to the Geneva Conventions of 12
41
42
43
44
45
46
47
8
See, for example, Rouba Alhaj Ali v. Morocco (CAT/C/58/D/682/2015), paras. 8.5–8.8.
See, for example, concluding observations on the combined fourth and fifth periodic reports of
Croatia (CAT/C/HRV/CO/4-5), para. 11; and concluding observations on the third periodic report of
the former Yugoslav Republic of Macedonia (CAT/C/MKD/CO/3), para. 16.
While not quoting directly the provisions of the Geneva Conventions and the Additional Protocols
thereto, the Committee has referred in its jurisprudence to situations covered by those provisions,
among others, in the concluding observations on the fourth periodic report of Turkey
(CAT/C/TUR/CO/4, paras. 12 and 23–26); and the concluding observations on the combined fifth and
sixth periodic reports of Italy (CAT/C/ITA/CO/5-6, paras. 20–23).
Article 3 (1) (a) of the four Geneva Conventions stipulates that in the case of armed conflict not of an
international character, violence to life and person, in particular murder of all kinds, mutilation, cruel
treatment and torture are and shall remain prohibited with respect to persons taking no active part in
the hostilities. See, for example, concluding observations on the fourth periodic report of the Russian
Federation (CAT/C/RUS/CO/4), para. 24; and concluding observations on the sixth periodic report of
Ukraine (CAT/C/UKR/CO/6), para. 11.
Article 4 (1) of Protocol II, adopted on 8 June 1977, stipulates that all persons who do not take a
direct part or who have ceased to take part in hostilities (with reference to armed conflicts referred to
in article 2 of the Geneva Conventions and article 1 of the Additional Protocols thereto), whether or
not their liberty has been restricted, are entitled to respect for their person, honour and convictions
and religious practices. Article 4 (2) of the Protocol stipulates that the following acts against the
persons referred to in article 4 (1) are and shall remain prohibited at any time and in any place
whatsoever: (a) violence to the life, health and physical or mental well-being of persons, in particular
murder, as well as cruel treatment such as torture, mutilation or any form of corporal punishment; (b)
collective punishments; (c) taking of hostages; (d) acts of terrorism; (e) outrages upon personal
dignity, in particular, humiliating and degrading treatment, rape, enforced prostitution and any form
of indecent assault; (f) slavery and the slave trade in all their forms; (g) pillage; and (h) threats to
commit any of the foregoing acts. See, for example, concluding observations on the initial report of
Lebanon (CAT/C/LBN/CO/1), para. 11; and concluding observations on the fourth periodic report of
Turkey (CAT/C/TUR/CO/4), para. 12.
Article 12 of the Third Geneva Convention provides, inter alia, that prisoners of war may only be
transferred by the Detaining Power to a Power which is a party to the Convention and after the
Detaining Power has satisfied itself of the willingness and ability of such transferee Power to apply
the Convention. See, for example, concluding observations on the initial report of Chad
(CAT/C/TCD/CO/1), para. 17.
Article 45 of the Fourth Geneva Convention provides, inter alia, that protected persons may be
transferred by the Detaining Power only to a Power which is a party to the Convention and after the
Detaining Power has satisfied itself of the willingness and ability of such transferee Power to apply
the Convention.