Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Part I Substantive Articles, Art.3 Principle of Non-Refoulement »
Margit Ammer, Andrea SchuechnerFrom: The United Nations Convention Against Torture and its Optional Protocol: A Commentary (2nd Edition)
Edited By: Manfred Nowak, Moritz Birk, Giuliana Monina
This chapter discusses Article 3 of the Convention against Torture, covering the chronology of draft texts, analysis of Working Group discussions, and issues of interpretation. Article 3 prohibits refoulement, which codifies an important principle of general international law and a norm of customary international law. According to this principle a State violates the absolute prohibition of torture not only if its own authorities subject a person to torture, but also if its authorities send a person to another State where there are substantial grounds for believing that the person would be in danger of being subjected to torture. The Committee's task is to determine whether the expulsion, return, or extradition would violate the returning State party's obligation under Article 3 — and not whether the applicant's rights under the Convention against Torture have been violated by the receiving State.