B. United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment entered into force on 26 June 1987. The treaty operates a right of individual petition (individual complaints mechanism) which some but not all signatory states have agreed to. The Convention is supervised by the Convention against Torture Committee (CAT). CAT consists of ten experts of high moral standing and recognised expertise in the field of human rights.

In its work, the CAT has established some fundamental principles relating to the expulsion of refused asylum-seekers. It offers important protection to refugees and their right not to be returned to a place where they fear persecution.

In Mutombo v. Switzerland the committee considered whether the proposed expulsion of a refused asylum-seeker to Zaire would constitute a breach of Article 3 of the Torture Convention.

The Committee looked at Article 3 (2) of the Torture Convention which states that a consistent pattern of gross and massive violations of human rights are circumstances which a State Party should take into account when deciding on expulsion. As well as noting the general human rights abuses in Zaire, the Committee was concerned that, as Zaire was not at the time party to the Torture Convention, the applicant would lose the protection of the Convention if returned to Zaire and he would no longer have the legal possibility of applying to the Committee for protection.

Other decisions have given important guidelines on how to treat the evidence of tortured persons. In particular, in the case of Kisoki v. Sweden (1996), the CAT Committee expressly recognised that it was normal for people who have been tortured to disclose the detailed story of their experiences piecemeal and that this should not damage an asylum claimant’s credibility.

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The Rights of Refugees and Displaced Persons