A/73/207
resulting in widespread impunity for violations (A/HRC/34/54, para. 47, and
A/HRC/28/68, para. 52). Under international law, however, States cannot absolve
themselves of their responsibility for torture and ill-treatment carried out on their
behalf, under their direction or control, at their instigation or with their consent or
acquiescence. States are obliged to take effective measures with a view to prohibiting
and preventing torture and ill-treatment in all such circumstances and providing
redress to the victims. 16
(b)
Extraordinary renditions
53. A particularly deplorable practice that has proliferated in the context of counter terrorism involves transferring detainees without due process to another country or
territory for interrogation under torture and ill-treatment. Many States have facilitated
such “extraordinary renditions”, including by allowing the use of their airspace and
airports, or by hosting “black sites” where torture and ill-treatment occurred
(A/HRC/13/42). Although the practice of renditions seems to have subsided
significantly in recent years, the transparency, accountability, redress and reparations
offered in respect of past practices remain grossly inadequate, with responsible
officials being shielded from prosecution and investigations being plagued by a lack
of independence, political will and other obstacles, thereby seriously undermining the
prohibition of torture and ill-treatment.
(c)
Arrival prevention, readmission agreements and diplomatic assurances
54. In the context of migration, States increasingly conclude cooperation
agreements with other States or non-State actors aiming to circumvent the prohibition
of refoulement through the externalization of borders and procedures, or through
extraterritorial “pushback” and “pullback” operations. In particular, “pullbacks” are
designed to physically prevent migrants from leaving a (retaining) State or territory,
or to forcibly return them there, before they can reach the jurisdiction of their
destination State. In addition to their direct impact on the rights and safety of
migrants, such practices have also facilitated the almost uncontrolled spread of abuse
by a wide variety of individuals, including corrupt State officials and organized
criminals. It must be reiterated that any participation in, or instigation and support of,
such operations may give rise to complicity in, or joint responsibility for, the resulting
human rights violations, including torture and ill-treatment (A/HRC/37/50, paras. 8
and 59).
55. Many States also conclude readmission agreements with other States, by which
migrants are expelled without an individualized risk assessment to States that have
been found to be “safe” on the basis of generalized criteria. This practice is
incompatible with the procedural requirements of the prohibition of refoulement and
may well amount to collective expulsion (A/HRC/37/50, para. 46).
56. Lastly, there is a widespread State practice of expulsions carried out based on
diplomatic assurances by the receiving State that the person in question will not be
subjected to torture or ill-treatment. In practice, diplomatic assurances are sought
from States that are reasonably believed to practice torture and ill-treatment and the
sending State generally lacks genuine interest in discovering subsequent non compliance by the receiving State. Even in conjunction with post -return monitoring
mechanisms, therefore, diplomatic assurances are inherently incapable of providing
sufficient protection against such abuse. The practice also expresses a disturbing
complacency and acquiescence by the sending State with regard to merely selective
__________________
16
18-12051
Committee against Torture, general comment No. 2, para. 15.
15/23
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