A/HRC/37/50 (d) Due process rights: States should enable migrants to claim international protection and to challenge any decision as to their detention, treatment or deportation before a competent, impartial and independent judicial or administrative body and in an individualized, prompt and transparent proceeding affording essential procedural safeguards, imperatively including accurate, reliable and objective interpretation services. (e) Victims of torture: States should ensure that migrants having suffered torture or ill-treatment: (a) are identified as early as possible through adequate screening; (b) have access to an independent medical and psychological evaluation of allegations of past trauma in accordance with the Istanbul Protocol, (c) have access to adapted status determination proceedings taking into account their psychological trauma; (d) receive redress, including as full rehabilitation as possible; (e) are not deported to a State or territory where adequate rehabilitation services are not available or guaranteed. Rehabilitation may require the tracing of and reunification with family members, particularly for unaccompanied or separated children and other persons with specific vulnerabilities. (f) Data collection and firewalls: States and other stakeholders working with migrants should develop reliable systems of representative data collection with a view to fostering a better understanding of the prevalence of victims of torture and illtreatment among various migrant populations, the cause and circumstances of such abuse, the specific needs of the victims and their experience upon return. In doing so, States should establish systems that effectively protect personal rights, including firewalls between data collected for identification and protective purposes and data collected for the purposes of law enforcement and criminal justice. (g) Training of officials: Officials or other persons tasked with the determination of refugee status and/or entitlement to subsidiary international protection should be appropriately trained in the conduct of the relevant assessments and the identification and documentation of signs of torture and ill-treatment, and should be aware that non-refoulement protection specifically against the risk of torture and ill-treatment is absolute and non-derogable and applies to all migrants regardless of their entitlement to refugee status, or of considerations of national or public security. (h) Non-refoulement: States should refrain from any individual or collective deportation, transfer, or summary rejection of migrants without individualized risk assessment, including through extradition or readmission agreements, diplomatic assurances, border closures or "pushback" operations. Similarly, States should refrain from instigating, encouraging, supporting or otherwise facilitating or participating in "pullback" operations conducted by other States or non-State actors in violation of the right of migrants to seek international protection. (i) Duty to prevent, investigate and prosecute: States should take effective legislative, administrative, judicial or other measures to prevent any act of torture and ill-treatment in any territory under their jurisdiction, including in connection with migrant smuggling or trafficking, regardless of whether the perpetrators are State officials, or criminals, or both. To that effect, States should investigate, prosecute and punish any act of torture or ill-treatment, including attempts, complicity or other participation, and should cooperate to that effect with other States and with relevant international mechanisms and organizations. (j) Crimes against humanity and war crimes: More particularly, States and the ICC-Prosecutor should examine whether investigations for crimes against humanity or war crimes are warranted in view of the scale, gravity and increasingly systematic nature of torture, ill-treatment and other serious human rights violations suffered by millions of migrants in all regions of the world, as a consequence of corruption and crime, but also as a direct or indirect consequence of deliberate State policies and practices of deterrence, criminalization, arrival prevention, and refoulement. 20

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