assurances given by the receiving State that they will be protected from torture
and other ill treatment.396
79. Extraordinary renditions under these circumstances will constitute grave
violations of international human rights law, including but not limited to the
absolute prohibition on torture and other ill-treatment (of which the absolute
principle of non-refoulement is an integral part), the rights to liberty and security
of the person, and the absolute prohibition on enforced disappearances where
the detention is unacknowledged or the whereabouts of the person are not
disclosed. As such it is incumbent upon States to have in place procedures to
ensure accountability for extraordinary rendition and any complicity a State may
have in the process, whether by the activities of their own agents, the presence
of foreign agents or the use of their airspace. A victim of an ‘extraordinary
rendition’ must be afforded an effective remedy and full and adequate
reparation by each responsible entity.397
396
397
Report of the High Commissioner for Human Rights, E/CN.4/2006/94, 16 February 2006.
See the UN Convention on the Protection of All Persons from Enforced Disappearances (2006).
80
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