- 55 subjected to torture upon his return to that country; additional grounds must be adduced to show that the individual concerned would be personally at risk.”228 175. In this case, regarding the possible risk of torture or cruel, inhuman or degrading treatment, the Commission and the representative argued that different international bodies, such as the Committee against Torture and the former Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Manfred Nowak, as well as non-governmental organizations such as Amnesty International and Human Rights Watch have expressed concern owing to shortcomings in the legal framework with regard to torture,229 constant reports of the use of confessions obtained by torture,230 detention conditions in China,231 and the failure to investigate, prosecute and punish those responsible for acts of torture.232 For its part, the State 228 Cf. UN, Committee against Torture, Case of G.K. v. Switzerland, Communication No. 219/2002, UN. Doc. CAT/C/30/D/219/2002, May 12, 2003, para. 6.4. Similarly, Affidavit made by Ben Saul on August 18, 2014 (evidence file, folio 6961). 229 In this regard, they underlined that the Committee against Torture, in its 2008 Concluding Observations on China, as well as the former Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Manfred Nowak, in 2006, indicated shortcomings in the legal framework relating to torture, especially the failure to include its basic constituent elements. Cf. UN, Committee against Torture, Concluding Observations. China. CAT/C/CHN/CO/4, December 12, 2008, para. 32, Available at: http://www2.ohchr.org/english/bodies/cat/docs/CAT.C.CHN.CO.4.pdf; UN, Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment. Mission to China. E/CN.4/2006/6/Add.6, March 10, 2006, para. 17, Available at: http://daccess-dds-ny.un.org/doc/UNDOC/GEN/G06/117/50/PDF/G0611750.pdf?OpenElement. Also, in 2008, Amnesty International indicated that domestic law was not adapted to the provisions of the Convention against Torture, and, in 2012, several non-governmental organizations mentioned this to the former Special Rapporteur Manfred Nowak. Cf. Amnesty International, Summary presented to the Committee against Torture prior to its consideration of the fourth periodic report of China, November 3-21, 2008, p. 1, Available at: http://www2.ohchr.org/english/bodies/cat/docs/ngos/ AI_China_41.pdf; UN, Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment. Followup to the recommendations. China. A/HRC/13/39/Add.6, February 26, 2010, p. 38, Available at: http://www2.ohchr.org/english/bodies/hrcouncil/docs/13session/A.HRC.13.39.Add%206_EFS.pdf. 230 Regarding this use of confessions obtained by torture, in 2006, the former Special Rapporteur Manfred Nowak indicated that the use of confessions extracted through torture as evidence before the court was not explicitly prohibited, while, in 2008, the Committee against Torture, and the former Special Rapporteur Manfred Nowak in his 2010 report on the follow-up to his visit to China indicated that they had received continued allegations of the widespread use of the torture and ill-treatment of suspects in police custody, especially to extract confessions or information to be used in criminal proceedings. Nongovernmental organizations had also emphasized the use of evidence extorted through torture which, according to Amnesty International is not specifically prohibited by domestic law. Cf. UN, Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment. Report on mission to China. March 10, 2006, E/CN.4/2006/6/Add.6, paras. 37 and 73, Available at: http://daccess-dds-ny.un.org/doc/UNDOC/GEN/G06/117/50/PDF/G0611750.pdf?OpenElement; UN, Committee against Torture, Concluding Observations on China, December 12, 2008, CAT/C/CHN/CO/4, para. 11. Available at: http://www2.ohchr.org/english/bodies/cat/docs/CAT.C.CHN.CO.4.pdf; UN, Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment. Follow-up on recommendations. China. A/HRC/13/39/Add.6, February 26, 2010, paras. 19 and 41, Available at: http://www2.ohchr.org/english/bodies/hrcouncil/docs/13session/ A.HRC.13.39.Add%206_EFS.pdf; UN, Office of the High Commissioner for Human Rights, Compilation prepared by the Office of the High Commissioner for Human Rights, in accordance with paragraph 15(b) of the annex to Human Rights Council resolution 5/1. People’s Republic of China (including Hong Kong and Macao Special Administrative Regions (HKSAR and MSAR)), January 6, 2009, para. 15, Available at: http://lib.ohchr.org/HRBodies/UPR/Documents/Session4/CN/ A_HRC_WG6_4_CHN_3_E.pdf; Human Rights Watch, World Report 2012. Evens of 2011. China, p. 2, Available at: http://www.hrw.org/sites/default/files/related_material/china_2012_0.pdf, and Amnesty International, Summary presented to the Committee against Torture prior to its consideration of the fourth periodic report of China, November 3-21, 2008, p. 16, Available at: http://www2.ohchr.org/english/bodies/cat/docs/ngos/AI_China_41.pdf. 231 Cf. UN, Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment. Report on mission to China. E/CN.4/2006/6/Add.6, March 10, 2006, para. 37 and 73, Available at: http://daccess-ddsny.un.org/doc/UNDOC/GEN/G06/117/50/PDF/G0611750.pdf?OpenElement; UN, Committee against Torture, Concluding Observations. China. CAT/C/CHN/CO/4, December 12, 2008, para. 11, Available at: http://www2.ohchr.org/english/bodies/cat/docs/CAT.C.CHN.CO.4.pdf; UN, Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment. Follow-up on recommendations. China. A/HRC/13/39/Add.6, February 26, 2010, para. 19, Available at: http://www2.ohchr.org/english/bodies/hrcouncil/docs/13session/A.HRC.13.39.Add%206_EFS.pdf. 232 Cf. UN, Committee against Torture, Concluding Observations. China. CAT/C/CHN/CO/4, December 12, 2008, paras. 20, 31 and 33, Available at: http://www2.ohchr.org/english/bodies/cat/docs/CAT.C.CHN.CO.4.pdf; UN, Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment. Follow-up on recommendations. China. A/HRC/13/39/Add.6, February 26, 2010, para. 19, Available at: