Примеры использования Not to expel an alien на Английском языке и их переводы на Русский язык
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Obligation not to expel an alien to a State where he or.
There was a lack of coherence between draft article 6(Prohibition of the expulsion of refugees) andparagraph 1 of draft article 23 Obligation not to expel an alien to a State where his or her life or freedom would be threatened.
Obligation not to expel an alien to a State where his or her life would be threatened.
The title of draft article 23, as amended, read"Obligation not to expel an alien to a State where his or her life would be threatened.
Obligation not to expel an alien to a State where he or she may be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
His delegation fully agreed with the rationale behind draft article 23 Obligation not to expel an alien to a State where his or her life or freedom would be threatened.
The obligation not to expel an alien to a State where he or she may be subjected to such treatment or punishment is set out in draft article 24 below.
His delegation was pleased to note that the current wording of draft article 23(Obligation not to expel an alien to a State where his or her life or freedom would be threatened) corrected the latter misconception.
For example, draft article 23(Obligation not to expel an alien to a State where his or her life or freedom would be threatened) extended the nonrefoulement obligation in the Convention relating to the Status of Refugees to include anyone whose life or freedom was threatened on any grounds, even if he or she was not a refugee within the meaning of the Convention.
He therefore proposed that the sentence should be amended to read"On the other hand, the obligation not to expel an alien to a State where he or she may be subjected to such treatment or punishment is set out in draft article 24 below.
There are principled reasons to question the Committee's conclusion that a State that has voluntarily abolished the death penalty when not obligated to do so under international law nonetheless thereby assumes an international legal obligation not to expel an alien to a State that has lawfully sentenced that alien to death.
Commentary to draft article 23 Obligation not to expel an alien to a State where his or her life would be threatened.
On the other hand, the obligation not to expel an alien to a State where there are substantial grounds for believing that he or she risks being subjected to such treatment is set out in draft article 24 below.
In addition, the provisions of draft article 22 should be explicitly subject to the conditions set forth in draft articles 6(Prohibition of the expulsion of refugees),23(Obligation not to expel an alien to a State where his or her life or freedom would be threatened) and 24 Obligation not to expel an alien to a State where he or she may be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
With regard to draft article 24,on the obligation not to expel an alien to a State where he or she might be subjected to torture or to cruel, inhuman or degrading treatment or punishment, consideration should be given to the possibility of applying the provision not only where the risk of such treatment emanated from a public official or other person acting in an official capacity, but also where it emanated from persons or groups of persons acting in a private capacity.
Commentary to draft article 24 Obligation not to expel an alien to a State where he or she may be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
Draft article 24 required the expelling State not to expel an alien to a State where he or she might be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
Article 23, paragraph 1(Obligation not to expel an alien to a State where his or her life or freedom would be threatened) would prevent expulsion to a State where the alien's freedom would be threatened.
Draft article 24 required the expelling State not to expel an alien to a State where there were substantial grounds for believing that he or she might be subjected to torture or to cruel, inhuman and degrading treatment.
Paragraph 2 of draft article 23(Obligation not to expel an alien to a State where his or her life or freedom would be threatened), for instance, constituted progressive development rather than codification of international law and deserved further study.
Canada agrees with the obligation not to expel an alien to a real risk of torture as described in draft article 24, as this is also contained in the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
In any case,as was apparent from an examination of draft articles 23(Obligation not to expel an alien to a State where his or her life or freedom would be threatened) and 29(Readmission to the expelling State), for example, the set of draft articles should be viewed as progressive development rather than codification.
The United States had proposed the deletion of paragraph 1 of draft article 23(Obligation not to expel an alien to a State where his or her life or freedom would be threatened), on the grounds that the commentary provided no basis in national legislation, national case law, international case law or treaty law which would justify it.
The wording of draft article 24,which obliges the expelling State not to expel an alien to a State where there are substantial grounds for believing that he or she would be in danger of being subjected to torture or to cruel, inhuman or degrading treatment or punishment, is inspired by article 3 of the 1984 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
The wording of draft article 24,which obliges the expelling State not to expel an alien to a State where there are substantial grounds for believing that he or she would be in danger of being subjected to torture or to cruel, inhuman or degrading treatment or punishment, is based on article 3 of the 1984 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
Was it not discriminatory, for instance, to expel an alien who had lived most of his life in Belgium but not a Belgian citizen when they committed the same offence?
The language of paragraph 2 had been refined in order to specify that the expelling State which did not apply the death penalty must not expel an alien to a State where he or she had been sentenced to the death penalty or where there was a real risk that he or she would be sentenced to death.
Paragraph 2 had been reworded to bring it into line with the standard set by the relevant case law andnow indicated that an expelling State that did not have the death penalty must not expel an alien to a State where he or she had been sentenced to the death penalty or where there was a real risk that he or she would be sentenced to death.
It had also taken note of the provision in draft article 23, paragraph 2,which held that a State that did not apply the death penalty must not expel an alien to a State where the alien had been or might be sentenced to death, unless assurance had been given that the death penalty would not be carried out.
The new wording indicated that an expelling State which did not have the death penalty must not expel an alien to a State where he or she had been sentenced to the death penalty, or where there was a real risk that he or she would receive that sentence.