Part 3 103 3.5.3 The Principle of Non-refoulement Absolutely Prohibits the Expulsion, Return or Extradition of Terrorism Suspects to a Country Where they would Face Torture The principle of non-refoulement refers to the universal obligation of states not to return, expel or extradite a person to another state where there are substantial grounds for believing that the person would be in danger of being subject to torture, inhuman or degrading treatment.126 Therefore, where states have a history of torturing or ill-treating suspects, or a consistent pattern of gross, violations of human rights, it is unlawful for other countries to extradite or deport persons to them.127 Law enforcement officers who practice torture, including during questioning, will therefore potentially hinder future investigations and judicial proceedings by preventing the extradition and subsequent prosecution of terrorism suspects. The principle of non-refoulement applies also where there are risks of irreparable harm, arbitrary detention, enforced disappearances and manifestly unfair trials. Case Study – Principle of non-refoulement* X is suspected of being involved in a clandestine opposition group in his home country. Fearing persecution, he flees to country B, where he is denied asylum. Several years later, he is arrested in country B on suspicion of belonging to a terrorist organization, but is acquitted of all charges. Two years later, when he is found to represent a danger to the national security of country B, he receives an expulsion order. X stresses that he risks being tortured if expelled to his country of origin. Media in both X’s country of origin and country B have covered the case. Question: Would the authorities violate the principle of non-refoulement by expelling X to his country of origin? 126 CAT, Article 3. See also United Nations Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, Martin Scheinin, Report to the UN Human Rights Council, 22 December 2010, A/HRC/16/51, para. 38, <http://www.un.org/Docs/journal/asp/ws.asp?m=A/HRC/16/51>; and IACHR, Resolution No. 2/06, “Guantanamo Bay Precautionary Measures”, Washington, 28 July 2006, <http://www.cidh.org/annualrep/2006eng/ANNEXES/Annex%205eng.htm>. 127 Ibid; CAT, Article 3.