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Under the CAT, countries that are party to the treaty are required to take measures to prevent torture and other forms of mistreatment, and to provide remedies and compensation for victims. The treaty defines torture as any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for a specific purpose, such as obtaining information or a confession.
One of the key provisions of the CAT is the principle of non-refoulement, which prohibits countries from returning individuals to a country where they are at risk of being tortured or subjected to other forms of cruel, inhuman, or degrading treatment or punishment. This principle applies to all individuals, regardless of their immigration status or whether they have committed a crime.
Individuals who have been subjected to torture or other forms of mistreatment in their home country may be eligible for protection under the CAT if they can demonstrate a well-founded fear of being subjected to further torture or mistreatment if they are returned to their home country.
In the United States, individuals who fear persecution or torture in their home country can seek protection under the Convention Against Torture as a form of relief from removal or deportation. If the government determines that the individual would likely be subjected to torture if they were returned to their home country, the individual may be eligible for protection under the CAT and allowed to remain in the United States.
The Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (CAT) is an international treaty that aims to prevent and prohibit torture and other cruel, inhuman, or degrading treatment or punishment worldwide.
In the United States, the CAT is incorporated into immigration law. It provides protection for individuals who may face a risk of torture if they are returned to their home country.
Individuals who can demonstrate a substantial likelihood of being tortured if returned to their home country are eligible for protection under the CAT.
You can apply for CAT protection by submitting an application to the immigration court or the Department of Homeland Security (DHS) during your removal proceedings. It's recommended to consult with an immigration attorney to assist with the application process.
To be granted protection under the CAT, you must demonstrate that it is more likely than not that you would be tortured if returned to your home country. This is a higher standard than the "well-founded fear of persecution" standard for asylum.
Factors considered may include evidence of past torture, specific threats or incidents, country conditions, and any medical or psychological evaluations related to torture.
Yes, it is possible to be granted CAT protection in addition to other forms of relief. Each form of relief has its own legal criteria and standards of proof.
If CAT protection is granted, you will not be removed to the country where you would face a risk of torture. However, you may not receive the same benefits and rights as someone granted asylum.
CAT protection does not provide a pathway to permanent residency or citizenship. It is a protection against removal to a country where you would face a risk of torture.
CAT protection can be revoked if there is a change in circumstances or if it is found that the protected individual no longer meets the eligibility criteria.
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