sections 7-15 of the Canadian Charter of Rights and Freedoms, which prohibit
arbitrary detention or imprisonment; provide internationally recognized procedural
guarantees upon arrest and detention; guarantee freedom from torture and illtreatment, including deportation to risk of such abuse; and prohibit discrimination.
•
Prohibit reliance upon diplomatic assurances against torture or ill-treatment for the
transfer of any person, no matter what his or her status, to a country where he or
she is at risk of torture or ill-treatment, in accordance with the Canadian Charter of
Rights and Freedoms and the Convention against Torture.
•
Assure in the upcoming Canadian state report to the Committee against Torture for
the May 2005 CAT session that the government of Canada will strictly observe in
practice the absolute ban under article 3 of the convention on sending a 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 to cruel, inhuman, or degrading treatment or
punishment. Reform Canadian law accordingly.
•
Submit detailed documentation to the Committee against Torture regarding any
cases where the Canadian government has sought and secured diplomatic assurances
against torture in order to expel, return, extradite, or otherwise transfer a person to a
country where he or she would be at risk of such abuse.
To the Government of Sweden:
•
Hold accountable all those security service and law enforcement officials who had
decision-making authority or who participated in the transfers of Ahmed Agiza and
Mohammad al-Zari as documented in the Parliamentary Ombudsman’s March 2005
report, which concluded that the operation effecting the men’s transfers was illegal
and that the treatment the men were subjected to may have violated article 3 of the
European Convention on Human Rights. Implement the recommendations in the
Ombudsman’s report to ensure that such illegal operations do not recur on Swedish
territory.
•
Reform the Swedish law to provide all persons subject to expulsion, return,
extradition, or other transfer from Sweden with an effective opportunity prior to
transfer to challenge the legality of the transfer, including the reliability of any
diplomatic assurances against torture or cruel, inhuman, or degrading treatment or
punishment, in an independent judicial forum with full procedural guarantees and
the right to appeal.
83
HUMAN RIGHTS WATCH VOL. 17 NO. 4(D)
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