38The requirement to interpret Article 15(b) of Directive 2004/83 in a manner consistent with Article 19(2) of the Charter (see, to that effect, judgment in Abed El Karem El Kott and Others, C‑364/11, EU:C:2012:826, paragraph 43 and the case-law cited), to the effect that no person may be returned to a State in which there is a serious risk that that person will be subjected to inhuman and degrading treatment, and having due regard for Article 3 of the ECHR, to which Article 15(b), in essence, corresponds (judgment in Elgafaji, EU:C:2009:94, paragraph 28), is not such as to call that interpretation into question.
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