CAT/C/PHL/CO/2 Page 6 The State party should review the 2007 Human Security Act and amend it, as necessary, to bring it into conformity with international human rights standards. Non-refoulement 14. The Committee take note of the statement by the delegation that the State party has neither engaged nor participated in any form of “extraordinary renditions” or refoulement and that there has been no instance where it has received a request indicating that the person to be extradited would be in danger of being subjected to torture. Notwithstanding the proscription included under Section 57 “Ban on Extraordinary Rendition” of the 2007 Human Security Act, the Committee is concerned that the Act appears to permit persons apprehended in the Philippines to be rendered to countries that routinely commit torture, as long as the receiving State provides assurances of fair treatment. (art. 3) The State party should ensure that it complies fully with article 3 of the Convention and that individuals under the State party’s jurisdiction receive appropriate consideration by its competent authorities and guaranteed fair treatment at all stages of the proceedings, including an opportunity for effective, independent and impartial review of decisions on expulsion, return or extradition. In this respect, the State party should ensure that the relevant judicial and administrative authorities carry out a thorough and exhaustive assessment, prior to making any expulsion order, in all cases of foreign nationals who have entered or stayed in the Philippines unlawfully, including individuals who may constitute a security threat, in order to ensure that the persons concerned would not be subjected to torture, inhuman or degrading treatment or punishment in the country to which each of them would be returned. Prompt, effective and impartial investigations 15. While noting that many agencies have a mandate to investigate complaints of torture and ill-treatment, the Committee is concerned at the high number of complaints of torture and illtreatment by law enforcement officials, the limited number of investigations carried out by the State party in such cases, and the very limited number of convictions in those cases which are investigated. Additionally, these bodies lack independence to review individual complaints about police and military misconduct. (arts. 12 and 16) The State party should strengthen its measures to ensure prompt, thorough, impartial and effective investigations into all allegations of torture and ill-treatment committed by law enforcement officials. In particular, such investigations should not be undertaken by or under the authority of the police, but by an independent body. In connection with prima facie cases of torture and ill-treatment, the alleged suspect should as a rule be subject to suspension or reassignment during the process of investigation, to avoid any risk that he or she might impede the investigation, or continue any reported impermissible actions in breach of the Convention. The State party should prosecute the perpetrators and impose appropriate sentences on those convicted in order to ensure that the law enforcement personnel who are responsible for violations prohibited by the Convention are held accountable.