Recommendations To All Governments • Reaffirm the absolute nature of the obligation under international law not to expel, return, extradite, or otherwise transfer any person to a country where there are substantial grounds for believing that he or she would be in danger of being subjected to torture or cruel, inhuman, or degrading treatment or punishment (prohibited ill-treatment). • Prohibit reliance upon diplomatic assurances against torture and ill-treatment if any of the following circumstances prevail in the receiving country: • there is substantial and credible evidence that torture and prohibited illtreatment in the receiving country are systematic, widespread, endemic, or recalcitrant or persistent problems; • governmental authorities do not have effective control over the forces in their country that perpetrate acts of torture and prohibited ill-treatment; • the government consistently targets members of a particular racial, ethnic, religious, political or other identifiable group for torture or prohibited illtreatment and the person subject to transfer is associated with that group; • in any case where there is a risk of torture or prohibited ill-treatment upon return directly related to a person’s particular circumstances. • Ensure that any person subject to transfer has the right prior to removal to challenge its legality before an independent tribunal. Any legal review must include an examination of the reliability of any diplomatic assurances provided by the receiving country. Persons subject to transfer must have access to an independent lawyer and a right of appeal with suspensive effect. • Include in required periodic reports to the Committee against Torture, the Human Rights Committee, and other relevant international and regional monitoring bodies detailed information about all cases in which requests for diplomatic assurances against the risk of torture or other cruel, inhuman, or degrading treatment have been sought or secured in respect of a person subject to transfer. HUMAN RIGHTS WATCH VOL. 17 NO. 4(D) 80