own agents or agents of another state. Transferring individuals to states where they are at risk of torture and prohibited ill-treatment, under the rationale of unreliable diplomatic assurances, flies in the face of this principle. Regional Human Rights Law The general prohibition against torture is enshrined in a number of regional human rights treaties, including the African Charter on Human and Peoples’ Rights27 and the American Convention on Human Rights.28 The focus of this report is on the law and jurisprudence in the Council of Europe region, governed by the European Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights) since all of the sending states referenced in this report and in the “Empty Promises” report, with the exceptions of the U.S. and Canada, are in Europe. European Convention on Human Rights Article 3 of the European Convention on Human Rights (ECHR) states that “No person shall be subjected to torture or to inhuman or degrading treatment or punishment.” It is in the case law of the European Court of Human Rights (which considers potential violations of the ECHR) that the prohibition against refoulement is recognized to derive from the general and absolute prohibition against torture. The Soering case established the general principle that the nonrefoulement obligation attaches to article 3.29 The case of Chahal v. United Kingdom, however, remains the standard regarding the absolute prohibition against refoulement and against reliance on diplomatic assurances as a safeguard against torture and ill-treatment upon return.30 The court ruled in Chahal that the return to India of a Sikh activist, suspected of involvement in terrorism, would violate the United Kingdom’s obligations under ECHR article 3, despite diplomatic 27 Article 5: “Every individual shall have the right to the respect of the dignity inherent in a human being and to the recognition of his legal status. All forms of exploitation and degradation of man particularly slavery, slave trade, torture, cruel, inhuman or degrading punishment and treatment shall be prohibited.” 28 Article 5: “No one shall be subjected to torture or to cruel, inhuman, or degrading punishment or treatment. All persons deprived of their liberty shall be treated with respect for the inherent dignity of the human person.” Article 22(8) of the American Convention also contains the nonrefoulement obligation: “In no case may an alien be deported or returned to a country, regardless of whether or not it is his country of origin, if in that country his right to life or personal freedom is in danger of being violated because of his race, nationality, religion, social status, or political opinions.” The Inter-American Convention on Torture also includes an express prohibition on refoulement at article 13: “Extradition shall not be granted nor shall the person sought be returned when there are grounds to believe that his life is in danger, that he will be subjected to torture or to cruel, inhuman or degrading treatment, or that he will be tried by special or ad hoc courts in the requesting state.” 29 Soering v. United Kingdom, 1/1989/161/217, July 7, 1989 [online] http://cmiskp.echr.coe.int/tkp197/view.asp?item=1&portal=hbkm&action=html&highlight=soering%20%7C%20v. %20%7C%20united%20%7C%20kingdom&sessionid=1273279&skin=hudoc-en (retrieved March 1, 2005). 30 Chahal v. United Kingdom, 70/1995/576/662, November 15, 1996 [online] http://www.worldlii.org/int/cases/IIHRL/1996/93.html (retrieved March 1, 2005). HUMAN RIGHTS WATCH VOL. 17 NO. 4(D) 14