CAT/C/ESP/CO/5 against torture or ill-treatment where there are substantial grounds for believing that a person would be in danger of being subjected to torture or ill-treatment upon return (art. 3). If the State party resorts to diplomatic guarantees in any situation other than those excluded under article 3 of the Convention, it must provide in its next report to the Committee information on the number of cases of extradition or expulsion that have been subject to the receipt of diplomatic assurances or guarantees since the consideration of this report; the State party’s minimum requirements for such assurances or guarantees; follow-up action taken subsequently in such cases; and the enforceability of the assurances or guarantees given. 14. The Committee takes note of the information provided by the delegation on the allegations that some Spanish airports had been used since 2002 for the transfer of prisoners under the “extraordinary rendition” programme, and also of the State party’s condemnation of the use of such methods and its commitment to investigate and shed light on the allegations (arts. 3 and 12). The Committee urges the State party to continue to cooperate in the investigations being carried out in this respect by the judicial authorities and to provide the Committee with all relevant information in its next periodic report. 15. The Committee welcomes the adoption, in October 2009, of the Act on the Right of Asylum and Subsidiary Protection, which aims to achieve a common European asylum system that ensures the highest level of protection for refugees and persecuted people. However, it is concerned about the possible use, as grounds for rejecting asylum applications, of the new Act’s clause on exceptions to the prohibition of refoulement contained in article 33, paragraph 2, of the 1951 Convention relating to the Status of Refugees. The Committee is particularly concerned that, under this Act, applications can be rejected under accelerated procedures, even at the border itself, without a proper assessment of each application and of every possible ground for inclusion having been carried out beforehand (art. 3). The State party must review the application of the exclusion clauses in the new Act to ensure that in no case may the principle of non-refoulement contained in article 3 of the Convention be infringed. 16. The Committee takes note of the bilateral agreements on the assisted return of minors that Spain has signed with Morocco and Senegal. However, the Committee is concerned about the absence of safeguards ensuring the identification of children who may need international protection and may therefore be entitled to use the asylum procedure, in the implementation of these agreements (art. 3). The State party must ensure that the bilateral agreements on the assisted return of minors signed by Spain contain appropriate safeguards to ensure protection against the repatriation of child victims of trafficking, prostitution and pornography, as well as those who have been involved in conflict or who have fled their country because of a well-founded fear of persecution. The Committee wishes to emphasize that children should be returned to their country of origin only if it is in their best interests. 5. Jurisdiction over acts of torture 17. The Committee recognizes that the State party’s courts have pioneered the application of universal jurisdiction over international crimes, including torture. In this connection, the Committee takes note of a recent legislative amendment, Organization Act No. 1/2009 of 3 November, which establishes conditions for the exercise of such jurisdiction (arts. 5 and 7). GE.09-46805 5