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Treaties
Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 10 December 1984, 1465 U.N.T.S. 85, Arts. 1, 3, 10, 16.
Soft Law
UN Committee Against Torture (CAT), ‘CAT General Comment No. 1: Implementation of Article 3 of the Convention in the Context of Article 22 (Refoulement and Communications)’, 21 November 1997. A/53/44, paras. 6, 7.
Cases
Core
V.L. v. Switzerland, CAT 262/2005, 20 November 2006. (late disclosure in asylum proceedings of rape does not impair claimant’s credibility)
Agiza v. Sweden, CAT 233/2003, 20 May 2005. (non-refoulement under CAT absolute even in context of national security concerns; insufficient diplomatic assurances obtained by sending country)
Mutombo v. Switzerland, CAT 13/1993, 27 April 1994. (no violation where applicant has established existence of gross violations of human rights in country of return, absent sufficient evidence of the applicant’s ‘personal risk’)
Tala v. Sweden, CAT 43/1996, 15 November 1996. (contradictions and inconsistencies in testimony of asylum seeker attributed to post-traumatic stress disorder resulting from torture)
Aemei v. Switzerland, CAT 34/1995, 9 May 1997. (activities carried out by receiving state may also give rise to risk of being subjected to torture)
Paez v. Sweden, CAT 39/1996, 28 April 1997. (membership of applicant in the Peruvian Shining Path organisation is not material to enjoyment of absolute Art. 3. right, contrasting with Art. 1F of 1951 Geneva Convention)
Extended
For a comparative analysis of national case law see Matter of J-E- 23 Immigration & Naturalization Decisions 291, (BIA 2002). (detention in Haitian prison is not torture when legally sanctioned).
Matter of G-A, 23 Immigration & Naturalization Decisions 366 (BIA 2002).
Readings
Core
J. Doerfel, ‘The Convention Against Torture and the Protection of Refugees’ Refugee Survey Quarterly, vol. 24, no. 2 (2005), pp. 83–97.
D. Weissbrodt and I. Hortreiter, ‘The Principle of Non-refoulement: Article 3 of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment in Comparison with the Non-refoulement
Provisions of Other International Human Rights Treaties’, Buffalo Human Rights Law Review, vol. 5, no. 1 (1999).
Extended
B. Gorlick, ‘The Convention and the Committee against Torture: A Complementary Protection Regime for Refugees’, International Journal of Refugee Law, vol. 11, no. 3 (July 1999), pp. 479–495.
R. Plender and N. Mole, ‘Beyond the Geneva Convention: constructing a de facto right of asylum from international human rights instruments’, in F. Nicholson and P. Twomey (eds), Refugee Rights and Realities. Evolving International Concepts and Regimes (Cambridge: Cambridge University Press, 1999), pp. 81–105.
Treaties
Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 10 Dec. 1984, 1465 U.N.T.S. 85, Arts .1, 3, 10, 16.
Soft Law
Implementation of Article 3 of the Convention in the context of Article 22
'General Comment on the Implementation of Article 3 in the context of Article 22 of the Convention Against Torture', UN Doc. CAT/CIXX/Misc.1, 1997, paras. 6, 7.
Office of the High Commissioner for Human Rights Fact Sheet No. 7/Rev. 1 Complaint Procedures
Cases
Core
V.L. v. Switzerland
V.L. v. Switzerland, CAT 262/2005, 20 November 2006. (late disclosure in asylum proceedings of rape does not impair claimant’s credibility)
Agiza v. Sweden
Agiza v. Sweden, CAT 233/2003, 20 May 2005. (non-refoulement under CAT absolute even in context of national security concerns; insufficient diplomatic assurances obtained by sending country)
Mutombo v. Switzerland
Mutombo v. Switzerland (CAT 13/1993) (27 April 1994). (no violation where applicant has established existence of gross violations of human rights in country of return, absent sufficient evidence of the applicant's 'personal risk')
Tala v. Sweden
Tala v. Sweden (CAT 43/1996) (15 November 1996). (contradictions and inconsistencies in testimony of asylum seeker attributed to post-traumatic stress disorder resulting from torture)
Aemei v. Switzerland
Aemei v. Switzerland (CAT 34/1995) (9 May 1997). (activities carried out by receiving state may also give rise to risk of being subjected to torture)
Paez v. Sweden
Paez v. Sweden (CAT 39/1996) (28 April 1997). (membership of applicant in the Peruvian Shining Path organisation is not material enjoyment of absolute Art. 3 right, contrasting with Art. 1F of 1951 Convention)
Extended
Matter of J-E
Matter of J-E- 23 Immigration & Naturalization Decisions 291, (AG 2002). (detention in Haitian prison is not torture when legally sanctioned)
Matter of G-A
Matter of G-A- 23 Immigration & Naturalization Decisions 366 (BIA 2002).
Readings
Core
The Convention Against Torture and the Protection of Refugees
J. Doerfel, ‘The Convention Against Torture and the Protection of Refugees’ Refugee Survey Quarterly, vol. 24, no. 2 (2005), pp. 83–97.
The International Covenant on Civil and Political Rights: Cases, Materials, and Commentary
S. Joseph, J. Schultz, and M. Castan, The International Covenant on Civil and Political Rights: Cases, Materials, and Commentary (Oxford: Oxford University Press 1999), 162-170. Reproduced with permission of Oxford University Press (c) 2000 Oxford University Press
The Principle of Non-Refoulement: Article 3 of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment in Comparison with the Non-Refoulement Provisions of Other International Human Rights Treaties
D. Weissbrodt and I. Hortreiter, 'The Principle of Non-refoulement: Article 3 of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment in Comparison with the Non-refoulement Provisions of Other International Human Rights Treaties' (1999) 5 Buffalo Human Rights Law Review 1. Copyright (c) 1999 by the Buffalo Human Rights Law Review; David Weissbrodt, Isabel Hörtreiter
Extended
The Convention and the Committee against Torture: A Complementary Protection Regime for Refugees
B. Gorlick, ‘The Convention and the Committee against Torture: A Complementary Protection Regime for Refugees’, International Journal of Refugee Law, vol. 11, no. 3 (July 1999), pp. 479–495.
Reproduced with permission of Oxford University Press (c) 1999 OXFORD UNIVERSITY PRESS
Beyond the Geneva Convention: Constructing a De Facto Right of Asylum from International Human Rights Instruments
R. Plender and N, Mole, 'Beyond the Geneva Convention: constructing a de facto right of asylum from international human rights instruments' in F. Nicholson and P. Twomey (eds.) Refugee Rights and Realities. Evolving International Concepts and Regimes (Cambridge: Cambridge University Press 1999), 81-105.
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