CAT/C/68/D/882/2018
not reliable or effective45 and that such a measure makes even less sense in the case of an
indigenous victim who is attached to his or her community and land.
9.
The Committee, acting under article 22 (7) of the Convention, concludes that the
deportation of the complainant to Chile would constitute a breach of article 3 of the
Convention by the State party.
10.
The Committee considers that the State party is required by article 3 of the
Convention to reconsider the complainant’s asylum application in the light of its
obligations under the Convention and the present observations. The State party is also
requested to refrain from deporting the complainant while her application for asylum is
being considered.
11.
Pursuant to rule 118, paragraph 5, of its rules of procedure, the Committee invites
the State party to inform it, within 90 days from the date of the transmittal of the present
decision, of the steps it has taken to respond to the above observations.
45
14
General comment No. 4, para. 47.
GE.20-00012