PUTTING IN PLACE PROCEDURES AND SAFEGUARDS: THINGS TO CONSIDER  Domestic provisions prohibiting refoulement • Does the Constitution and/or existing legislative framework expressly prohibit refoulement consistent with UNCAT, or are amendments needed? • If there is a stand-alone anti-torture law, does it need to be amended to incorporate the prohibition against refoulement? Are any existing provisions on non‑refoulement sufficiently detailed such that the procedures and other aspects are outlined? • Are there other laws that may need adjustment to reflect the refoulement prohibition, such as laws or treaties concerning refugees, extradition, etc.? Procedures to assess refoulement claims • What procedures, if any, are in place to give effect to the prohibition against refoulement consistent with UNCAT? • Where certain procedures are already in place, e.g. asylum-determination procedures, is it possible and feasible to charge them with the task of assessing refoulement claims under UNCAT as well (e.g. a single, unified procedure, “a one-stop shop”)? • Where procedures need to be put in place, is it more effective to create a judicial or an administrative domestic body responsible for assessing cases raising refoulement under UNCAT? • Are there procedures in place to ensure that individuals alleging that they have been tortured in the past have access to a medical examination in line with the Istanbul Protocol in all cases where evidence of past torture would have a bearing on their refoulement claim under UNCAT? Appeals procedure • Does the existing legislative, regulatory and procedural framework provide for an independent, impartial and effective review before a court or tribunal? If not, could the jurisdiction of courts or tribunals that are charged for example with determining appeals against asylum decisions be expanded to empower them to hear appeals on refoulement grounds under UNCAT? • Where appeals procedures exist, are the timelines for lodging appeals reasonable; are decisions delivered in a timely manner; and does the appeal process have automatic suspensive effect? Procedural rights • Are procedural rights, such as information about the removal process, access to a lawyer, medical services, interpretation, and consular assistance, guaranteed to anyone wishing to challenge their transfer or removal on refoulement grounds under UNCAT? If not, what amendments to existing legislation, rules, regulations, procedures and practices may be required to do so? Are new legislation, rules, regulations, procedures and practices needed? • Do existing legal, regulatory and procedural frameworks provide for additional specific safeguards in special cases? What would be the most effective way to enhance the capacity of the existing framework to ensure that individuals whose circumstances require specific safeguards (so-called special cases) are able to exercise their rights? • Is the principle of non‑refoulement incorporated into specific training of all relevant States officials, including immigration and border officials, police and law enforcement, detention staff and medical personnel? TOOL: Non-refoulement procedures and safeguards 12/13