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
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