IRCT REGIONAL REPORT 2016 International Legal Obligations Torture is universally prohibited and a non-derogable principle of international law, most notably enshrined in the International Covenant on Civil and Political Rights (ICCPR) and the United Nations Convention against Torture (UNCAT).18 Other regional conventions such as the European Convention on Human Rights (ECHR) and the Charter of Fundamental Rights of the European Union also definitively prohibit torture.19 The prohibition on torture also includes non-refoulement of people who face a risk of being tortured upon return to a third country. Both the Refugee Convention and the UNCAT expressly prohibit the return of an asylum-seeker to a country where they may be at risk of torture.20 Jurisprudence of the European Court of Human Rights (ECtHR) has interpreted Article 3 of the ECHR to include non-refoulement where there are substantial grounds for believing a person would face a real risk of torture or inhuman or degrading treatment or punishment.21 Further non-refoulement principles are also included in Article 19(2) of the Charter of Fundamental Rights of the European Union, Article 15(b) of the EU Qualification Directive and through case law of the European Court of Justice. Non-refoulement and the prohibition of torture both hold the status of peremptory norms in International Law, allowing for no derogations under any circumstances. All torture victims have a right to rehabilitation under international law. Article 14 of UNCAT obliges States parties to ensure that a torture victim has “the means for as full rehabilitation as possible”, which the Committee against Torture understands to be “holistic and include medical and psychological care as well as legal and social services”. The Committee has provided expert guidance on how State Parties should implement Article 14 and makes clear that states have an obligation to ensure that all torture victims are able to access and effective remedy and reparation, including those that suffered torture outside the state’s territory. The Committee specifies that the ultimate aim of rehabilitation should be “full inclusion and participation in society” and that torture victims have this right regardless of their “identity or status” including “asylum seekers and refugees”.22 Torture victims, regardless of legal status, have a right to access to holistic rehabilitation services. In addition, State Parties should adopt long-term integrated approaches to rehabilitation, ensuring that specialist services are available, accessible and appropriate to victims’ needs. According to the Committee, this should include “a procedure for the assessment and evaluation of individuals’ therapeutic and other needs” based on the Istanbul Protocol. page 38