A/HRC/34/54/Add.3 claim that extradition, deportation or expulsion puts a person at risk of torture. 333. The Special Rapporteur regrets that the Government of the former Yugoslav Republic of Macedonia has not replied to the present communication, thereby failing to cooperate with the mandate issued by the Human Rights Council in its resolution 25/13. 334. In the absence of information to the contrary, the Special Rapporteur concludes that there is substance in the allegations presented in the initial communication, available via the link above, and is therefore of the view that the Government of Macedonia limits entry to those who can prove their identity and that they are from war-torn countries and in need of international protection, thereby denying immigrants a fair opportunity to state a claim that an impending extradition, deportation or expulsion, puts him or her at risk of torture. In that manner, the Government fails to meet its obligations under articles 1, 2, 3 and 16 of the Convention against Torture. 335. The Special Rapporteur reminds the Government that, as observed in his 2015 thematic report, “the absolute prohibition against refoulement, which is aimed at protecting individuals from torture and other ill-treatment, is stronger than that found in refugee law, meaning that persons may not be returned even when they may not otherwise qualify for refugee or asylum status under article 33 of the 1951 Convention relating to the Status of Refugees or domestic law.” (A/70/303), para. 41) 336. The Special Rapporteur strongly urges the Government to take all necessary measures to ensure that its procedure at the border is brought fully in line with its obligations of non-refoulement under international law. JOL 31/03/2016 Case no. MKD 2/2016 State Reply: None to date Allegations of excessive use of force and torture by law enforcement officials against migrants, including Mr. X and Mr. Y, and allegations of their collective expulsion in violation of the principle of non-refoulement. 337. The Special Rapporteur regrets that the Government of the former Yugoslav Republic of Macedonia has not replied to the present communication, thereby, failing to cooperate with the mandate issued by the Human Rights Council in its resolution 25/13. 338. In the absence of information to the contrary, the Special Rapporteur concludes that there is substance in the allegations presented in the initial communication, available via the link above, and is therefore of the view that the Government of the former Yugoslav Republic of Macedonia, violated its international obligations by failing to prevent law enforcement officials from using excessive force and physical violence against migrants, including inflicting electric shocks and flogging Mr. X and Mr. Y for crossing the Idomeni border. In addition, by failing to give migrants a fair opportunity to state a claim that an impending extradition, deportation or expulsion would put them at risk of torture or cruel, inhuman or degrading treatment, has violated the rights of Mr. X and Mr. Y, amongst other migrants, as provided by articles 1, 2, 3, and 16 of the Convention against Torture (CAT). 339. The Special Rapporteur reminds the Government that, as observed in his 2015 thematic report, “the absolute prohibition against refoulement, which is aimed at protecting individuals from torture and other ill-treatment, is stronger than that found in refugee law, meaning that persons may not be returned even if they do not otherwise qualify for refugee or asylum status under article 33 of the 1951 Convention relating to the Status of Refugees or domestic law.” (A/70/303, para. 41). 340. The Special Rapporteur strongly urges the Government of the former Yugoslav Republic of Macedonia to comply with its obligations to investigate, prosecute and 63

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