A/59/324 authorities or, with the connivance of the authorities, risk being subjected to persecution or systematic discrimination amounting to torture or other cruel, inhuman or degrading treatment or punishment.12 These factors and circumstances also have to be taken into account in determining the non-refoulement issue. 40. In the light of the imperative and absolute nature of the non-refoulement principle, the Special Rapporteur is compelled to state that he is reticent with regard to the practice of resorting to diplomatic assurances, in particular if that practice becomes a substitute for the principle of non-refoulement. However, acknowledging that there are situations and cases where resort to diplomatic assurances should not be ruled out a priori, it is, in the Special Rapporteur’s opinion essential that, as stated in his report of two years ago (A/57/173), such assurances contain an unequivocal guarantee that the person concerned will not be subjected to torture or any other form of ill-treatment, and that a system to monitor the treatment of that person has been put into place. In view of the fact that assurances may be no more than empty gestures,13 the Special Rapporteur wishes to put forward a number of essential requirements that diplomatic assurances should fulfil in terms of protection from torture and other forms of ill-treatment in order to make them solid, meaningful and verifiable. 41. As regards guarantees for individuals deprived of their liberty, the Special Rapporteur has drawn up a list of basic safeguards contained in international human rights norms and standards and in general recommendations included in previous reports (E/CN.4/2004/56, paras. 27-49). While this list of basic safeguards must serve as a frame of reference with respect to all persons deprived of their liberty, a number of them need to be explicitly included in the assurances to be obtained from countries to which persons are handed over. Thus, assurances should as a minimum include provisions with respect to prompt access to a lawyer (ibid., para. 32), recording (preferably video-recording) of all interrogation sessions and recording the identity of all persons present (ibid., para. 34), prompt and independent medical examination, (ibid., para. 36) and forbidding incommunicado detention or detention at undisclosed places (ibid., para. 37). 42. Finally, a system of effective monitoring is to be put in place so as to ensure that assurances are trustworthy and reliable. Such monitoring should be prompt, regular and include private interviews. Independent persons or organizations should be entrusted with this task and they should report regularly to the responsible authorities of the sending and the receiving States. IV. The impact of torture on victims 43. In the fulfilment of his mandate, the Special Rapporteur not only receives allegations of torture and other cruel, inhuman or degrading treatment or punishment, but also information on the medical, psychological, social and other consequences thereof. A description of the various effects or consequences of torture cannot possibly be exhaustive. However, on the basis of the information received over the years, including direct testimonies during fact-finding missions, the Special Rapporteur would like to draw attention to some of the most common consequences faced by torture victims, also often referred to as torture survivors in recognition of those who have lived through this traumatic experience. In that respect, it must be emphasized that one of the consequences of the use of torture 12

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