When assessing the eligibility for protection under Article 3 of the Convention, what is the burden of proof?

When assessing eligibility for protection under Article 3 of the Convention Against Torture (CAT), the burden of proof is "more likely than not." This standard means that the applicant must demonstrate that it is more than a 50% chance that, if returned to their country, they would likely face torture.

This standard is designed to ensure that the applicant has provided sufficient credible evidence to support their claim without requiring the higher thresholds of "beyond a reasonable doubt" or "clear and convincing evidence," which are typically used in criminal cases or civil cases involving the potential deprivation of rights. Understanding this standard is crucial because it balances the need to protect individuals from potential torture while recognizing the challenges of proving incidents that may not be well-documented.

The other standards mentioned reflect varying levels of proof that would not be appropriate for this context; for example, "beyond a reasonable doubt" is the highest standard used in the criminal justice system, whereas "clear and convincing evidence" is a lesser standard than that but still very stringent, and "a preponderance of evidence" is a term often used interchangeably with "more likely than not" in civil cases.