assurances proffered by the Indian government that Chahal would not suffer mistreatment at the hands of the Indian authorities. The court noted: [T]he United Nations' Special Rapporteur on Torture has described the practice of torture upon those in police custody [in India] as "endemic" and has complained that inadequate measures are taken to bring those responsible to justice. . .The NHRC [Indian National Human Rights Commission] has also drawn attention to the problems of widespread, often fatal, mistreatment of prisoners and has called for a systematic reform of the police throughout India. . .Although the Court does not doubt the good faith of the Indian Government in providing the assurances mentioned above, it would appear that, despite the efforts of that Government, the NHRC and the Indian courts to bring about reform, the violation of human rights by certain members of the security forces in Punjab and elsewhere in India is a recalcitrant and enduring problem. . .Against this background, the Court is not persuaded that the above assurances would provide Mr. Chahal with an adequate guarantee of safety.31 The court thus established the standard that diplomatic assurances are an inadequate guarantee for returns to countries where torture is “endemic,” or a “recalcitrant and enduring problem,” as well as reaffirming the nonrefoulement obligation in European human rights law. The Nexus between the Nonrefoulement Obligation and Diplomatic Assurances Since April 2004, a number of eminent independent human rights experts have expressed alarm regarding the threat that reliance on diplomatic assurances poses to the integrity of the global ban on torture and on states’ nonrefoulement obligation under international and regional law. Council of Europe Commissioner for Human Rights Council of Europe Commissioner for Human Rights Alvaro Gil-Robles expressed concern in July 2004 about the Swedish government’s actions in the summary expulsions of two Egyptian asylum seekers in December 2001 following assurances against torture 31 Ibid., paras. 104-105. 15 HUMAN RIGHTS WATCH VOL. 17 NO. 4(D)