104 Human Rights in Counter-Terrorism Investigations The prohibition of torture and ill-treatment is absolute. It is not permissible to weigh the risk of torture or ill-treatment against the reasons put forward for the expulsion, including national security. Before deporting a person to another state, national authorities must adequately assess the risk of torture or ill-treatment that the person could face there. Such an assessment should take into consideration the existence in the state concerned of a consistent pattern of gross, flagrant or mass violations of human rights. The overall human rights situation in X’s country of origin continues to give rise to serious concerns. Evidence from a number of objective sources demonstrates that detainees are at real risk of being ill-treated there. Although X has been acquitted in country B, his case has had broad media coverage and authorities in his country of origin have been informed of his detention for removal purposes. Given this information, there are serious reasons to believe that X would be detained and questioned in his home country, and would be at risk of ill-treatment. Accordingly, his expulsion would violate the principle of non-refoulement and thus, the absolute prohibition of torture and cruel, inhuman or degrading treatment or punishment. * This case study is taken from the facts in A. v. Netherlands, and the analysis of the question on the findings of the ECtHR in that case.128 3.5.4 Co-operation with Foreign Law Enforcement Agencies will be Jeopardized Law enforcement agencies complying with the rule of law and human rights are reluctant to deal with agencies in countries where there is a history of human rights abuses. This can lead to isolation and to the inability to achieve progress in investigations on the part of such agencies. Given its international character, this is an especially important consideration in the fight against terrorism, in particular in relation to the sharing of intelligence material.128 Some states keep an official list of countries where torture is an issue of concern. Countries may be placed on such lists for resorting to 128 United Nations Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Theo van Boven, Report to the Human Rights Council, 3 February 2011, op. cit., note 39.

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