No State Party shall expel, return ("refouler") or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture.
For the purpose of determining whether there are such grounds, the competent authorities shall take into account all relevant considerations including, where applicable, the existence in the State concerned of a consistent pattern of gross, flagrant or mass violations of human rights.
Terror Suspect Alleges Torture: Detainee Says U.S. Sent Him to Egypt Before Guantanamo
U.S. authorities in late 2001 forcibly transferred an Australian citizen to Egypt, where, he alleges, he was tortured for six months before being flown to the U.S. military prison at Guantanamo Bay, Cuba, according to court papers made public yesterday in a petition seeking to halt U.S. plans to return him to Egypt.
Egyptian-born Mamdouh Habib, who was detained in Pakistan in October 2001 as a suspected al Qaeda trainer, alleges that while under Egyptian detention he was hung by his arms from hooks, repeatedly shocked, nearly drowned and brutally beaten, and he contends that U.S. and international law prohibits sending him back.
Habib's case is only the second to describe a secret practice called "rendition," under which the CIA has sent suspected terrorists to be interrogated in countries where torture has been well documented. It is unclear which U.S. agency transferred Habib to Egypt.
Habib's is the first case to challenge the legality of the practice and could have implications for U.S. plans to send large numbers of Guantanamo Bay detainees to Egypt, Yemen, Saudi Arabia and other countries with poor human rights records.
The CIA has acknowledged that it conducts renditions, but the agency and Bush administration officials who have publicly addressed the matter say they never intend for the captives to be tortured and, in fact, seek pledges from foreign governments that they will treat the captives humanely
The Habib case is getting closer and closer to the Maher Arar case in Canada. Australia has consistently defended the US violation of Article 3. Canada held a judicial inquiry. Australia relies on press releases from Philip Ruddock.