How to Apply for Convention Against Torture Protection (Part: 2)
Read part one here
Requirements You Must Satisfy to Qualify for CAT Protection
To be eligible for protection under CAT, you must demonstrate that it is highly probable that you would be subjected to torture if you were removed from the country you are seeking refuge from. The harm that you anticipate must satisfy the criteria for “torture”, according to the CAT. Specifically, it must involve the intentional and illegal infliction of severe physical or mental pain or suffering, with the involvement of a public official, for purposes such as punishment, eliciting a confession, intimidation, or discrimination. In order to qualify for CAT protection, the torture must be carried out by, at the behest of, or with the consent or acquiescence of your government. Furthermore, you must be unable to escape from your torturer. Torture can take various forms, including rape, electric shocks, coerced ingestion of drugs or other substances, deprivation of food or water, physical assaults, and threats of such mistreatment.
How to Show You Satisfy the Standards for CAT Protection
The process of obtaining CAT protection is characterized by objectivity. You are required to furnish objective evidence, such as country reports and news articles, which clearly indicate that you are more prone to experiencing torture than not.
In order to establish that you harbor genuine apprehension of torture, you must provide verifiable information that confirms the existence of an extreme form of cruel and inhuman punishment that you are likely to face. It is worth noting that while several forms of punishment can amount to torture, only the most extreme forms qualify as such. For instance, indefinite detention cannot be classified as torture.
You are required to demonstrate that the probability of being subjected to torture upon your return is more likely than not. The evidence you can present is similar to the supporting documents and information needed for your asylum claim.
The Immigration Judge (IJ) will consider your personal circumstances and your government’s patterns of violations of human rights. Specifically, you need to provide information and documentary evidence about:
- what type of torture you fear if forced to return
- if applicable, what type(s) of torture you had suffered in the past in that country
- if applicable, what type(s) of torture your close family or friends had suffered and
- how your government has tortured other people similar to you.
Note that any torture you have suffered in the past is merely a relevant factor. Unlike with an asylum claim, past torture does not automatically lead to a grant of CAT. That is because the goal of CAT relief is to prevent your torture in the future. Therefore, you must focus on showing what torture you would be more likely than not to suffer in the future.
You Must Be Granted CAT Protection If You Meet the Required Factors
CAT protection is an essential and non-negotiable form of relief that must be granted by the IJ if all required elements are met. Any subjective or discretionary factors cannot be considered to deny this vital form of protection. In other words, the U.S. government is prohibited from returning individuals to a country where there are significant concerns about being subjected to torture.
