To the U.N. Independent Expert on Protection of human rights and fundamental freedoms while countering terrorism • Reaffirm in all the expert’s activities and related documents that diplomatic assurances in relation to torture or cruel, inhuman, or degrading treatment are inherently unreliable and their use by states undermines the nonrefoulement obligation enshrined in article 3 of the Convention against Torture. Reaffirm that states’ use of diplomatic assurances against risk of torture is incompatible with Security Council resolutions and official statements of the U.N. Secretary General and the U.N. High Commissioner for Human Rights requiring that counter-terrorism measures conform with states’ obligations under international human rights, refugee, and humanitarian law. To the Counter-Terrorism Committee • Request from states information about compliance with the absolute ban on torture and refoulement in the extradition, deportation, removal or other transfer of persons suspected of involvement in terrorism, including reliance upon diplomatic assurances against torture to effect such transfers. Ensure that states comply fully with their obligations to respect human rights while countering terrorism in accordance with Security Council resolutions 1373, 1456, and 1566. Any information collected should be made public. To the United Nations High Commissioner for Refugees (UNHCR) • Undertake as a matter of urgency an analytical study on states’ increasing reliance on diplomatic assurances against torture and ill-treatment to effect transfers of asylum seekers and refugees to places where they would be at risk of such abuse. Adopt clear legal and policy guidance for states on this practice. • Require all UNHCR field offices to record and monitor cases in which refugees, asylum seekers, and persons excluded from refugee status based on national security grounds are subject to return or other transfer following reliance on diplomatic assurances against torture and ill-treatment. Intervene directly with the governments when it is clear that any such person would be at risk of torture and ill-treatment. • Establish within the Department of International Protection (DIP) a focal point for urgent communications regarding any asylum seeker, refugee, or person excluded from refugee status on national security grounds subject to transfer based on diplomatic assurances against torture and ill-treatment. HUMAN RIGHTS WATCH VOL. 17 NO. 4(D) 88