guarantees have occurred since 11 September 2001, what the State party’s minimum
contents are for such assurances or guarantees and what measures of subsequent
monitoring it has undertaken in such cases.”206
The government of the U.K. has openly acknowledged that all the men formerly
subjected to indefinite detention are at risk of torture upon return. That admission led to
the men’s detentions in the first place; the U.K. authorities knew they could not derogate
from the U.K.’s nonrefoulement obligation—and nothing has changed since then. Most of
the governments in the detainees’ home countries have a long history of practicing
torture and there is a significant risk that the men will be tortured if they are returned,
whatever promises their home governments may offer.207
Case of Hani El Sayed Sabaei Youssef and Others
The U.K. government first proposed the use of assurances to deport suspected terrorists
at risk of torture in their home countries in a February 2004 Home Office consultation
paper. The paper claimed that the purpose of diplomatic assurances, termed “framework
agreements,” is “to protect the deportees’ human rights following departure from the
U.K.”208 Closer inspection of the U.K.’s record of seeking and securing assurances for
returns to risk of torture, however, indicates that a detainee’s safety post-return has not
been a primary consideration. The July 2004 case of Hani Youssef v. Home Office offers an
account of the sheer determination of the Prime Minister to send Mr. Youssef and three
others to Egypt, despite clear evidence that their transfers, assurances included, would
violate the U.K.’s nonrefoulement obligation.209
The High Court decision of July 2004 held that Mr. Youssef had been unlawfully
detained after it was clear to the authorities that there was no possibility to return him to
Egypt in conformity with the U.K.’s nonrefoulement obligation. The ruling revealed
numerous disturbing details regarding the British government’s attempts throughout
1999 to deport the men, all asylum seekers determined to have had a well-founded fear
206
Ibid., Section 5(i).
207
Human Rights Watch Press Release, “U.K.: Promises on Torture Don’t Work,” [online]
http://hrw.org/english/docs/2004/10/06/uk9459.htm (retrieved February 28, 2005). See also, Human Rights
Watch Briefing Paper, “Commentary on the Prevention of Terrorism Bill 2005,” pp. 9-11.
208
Home Office Discussion Paper, “Counter-Terrorism Powers: Reconciling Security and Liberty in an Open
Society,” para. 38, February 2004 [online] http://www.homeoffice.gov.uk/docs3/CT_discussion_paper.pdf
(retrieved February 28, 2005).
209
Hani El Sayed Sabaei Youssef and The Home Office, Case No: HQ03X03052, 2004 EWHC 1884 (QB), July
30, 2004 [online] http://www.courtservice.gov.uk/judgmentsfiles/j2758/youssef-v-home_office.htm (retrieved
February 28, 2005). For an excellent summary of the Youssef case, see Migration News Sheet, (Brussels:
Migration Policy Group), December 2004, at pp. 13-14. See also, Statewatch, “U.K. Egyptian National
‘Unlawfully Detained’ after Intervention by Prime Minister,” August-October 2004 [online]
http://www.statewatch.org/news/2004/nov/03blair.htm (retrieved February 28, 2005).
69
HUMAN RIGHTS WATCH VOL. 17 NO. 4(D)
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents