The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment was adopted on December 10, 1984. It prohibits torture and cruel, inhuman or degrading treatment or punishment and, among other obligations, requires States parties not to return persons to the country if there are serious grounds to believe that they would be in danger of being tortured there. It also provides for a number of measures aimed at ensuring that acts of torture, wherever committed, are properly investigated and punished.
The main obligations are set out in Part I of the Convention (articles 1-16), and the mechanism for receiving and considering complaints is set out in article 22. States parties may declare under this article that they recognize the competence of the Committee against Torture, a group of 10 independent experts that meets twice a year, to consider complaints from individuals about alleged violations of their rights under the Convention.
A large number of complaints are filed by asylum seekers claiming that they would be in danger of being subjected to torture if they were deported to their country of origin. Thus, the Committee must determine whether the States against which complaints have been submitted may violate the provisions of article 3 of the Convention in the event of the expulsion of the persons concerned.