GUIDE ON ANTI-TORTURE LEGISLATION In the Maldives’ Act on the Prohibition and Prevention of Torture, this principle is also included, clarifying that if authorities have evidence that shows that by sending a person to the relevant country, there is the fear that person might be subjected to torture, then handing over or deporting the person to that country is prohibited.166 In the Philippines, section 17 of the Anti-Torture Act provides for the non-refoulement principle: “No person shall be expelled, returned or extradited to another State where there are substantial grounds to believe that such person shall be in danger of being subjected to torture. For the purposes of determining whether such grounds exist, the Secretary of the Department of Foreign Affairs (DFA) and the Secretary of the DOJ, in coordination with the Chairperson of the CHR, shall take into account all relevant considerations including, where applicable and not limited to, the existence in the requesting State of a consistent pattern of gross, flagrant or mass violations of human rights.” 167 In South Africa, the Prevention of Combating and Torture of Persons Act also incorporated the principle of non-refoulement using the wording of the Convention: “(1) No person shall be expelled, returned or extradited to another State where there are substantial grounds for believing that he or she would be in danger of being subjected to torture. (2) For the purpose of determining whether there are such grounds, all relevant considerations must be taken into account, including, where applicable, the existence in the State concerned of a consistent pattern of gross, flagrant or mass violations of human rights”.168 In Uganda, the Prevention and Prohibition of Torture Act stipulates that: “(1) A person shall not where there are reasonable grounds to believe that a prisoner or detainee is likely to be tortured (a) release, transfer or order the release or transfer of a prisoner or detainee into the custody or control of another person or group of persons or government entity; (b) transfer, detain or order the transfer or detention of a prisoner or detainee to a non-gazetted place of detention; or (c) intentionally or recklessly abandon a prisoner or detainee, in any place where there are reasonable grounds to believe that the prisoner or detainee is likely to be tortured.” 169 and “(…) (2) Notwithstanding subsection (1) and the provisions of the Extradition Act, a person shall not be extradited or deported from Uganda to another state if there are substantial grounds to believe that that person is likely to be in danger of being subjected to torture. (3) For the purposes of subsection (2), it shall be the responsibility of the person alleging the likelihood of being tortured to prove to the court the justification of that belief. (4) In determining whether there are substantial grounds for believing that a person is likely to be tortured or in danger of being subjected to torture under subsection (2), the court shall take into account all factors including the existence of a consistent pattern of gross, flagrant or mass violations of human rights in the state seeking extradition or deportation of the person.” 170 166 167 168 169 170 Maldives, Act on the Prohibition and Prevention of Torture 2013, op. cit. 3, article 42(a). 166 Philippines’ Anti-Torture Act of 2009, op. cit. 4, section 17. 167 South Africa, Prevention of Combating and Torture of Persons Act, op. cit. 68, section 8. 168 Uganda, the Prevention and Prohibition of Torture Act, op. cit. 28, sections 16. 169 Ibid, section 22. 170 49